§15c Actions by State attorneys general

Summary

A state attorney general can sue in federal court for people who live in the state when someone breaks the federal antitrust laws in sections 1–7. The suit seeks money for harm to those people’s property. If the state wins, the court must award three times the total damages, plus court costs and a reasonable lawyer’s fee. The award must not include money that would be paid twice, or money that belongs to people who properly opted out or to businesses. The court can also add simple interest on the damages from the day the state’s complaint is served until judgment if the court thinks that is fair. To decide fairness, the court looks only at whether either side acted in bad faith, made meritless delay tactics, broke rules or orders about speedy proceedings, or tried mainly to delay or raise costs. The attorney general must give notice to people in the way and at the times the court orders, usually by publication, and the court can require more notice if publication alone would be unfair. People covered by the suit can file a timely written choice to be excluded from the state’s monetary claim. If they do not opt out in time, the final judgment stops them from bringing the same claim under section 15. The case cannot be dismissed or settled without the court’s approval and proper notice. The court sets plaintiffs’ lawyer fees and may order a prevailing defendant to get fees if the attorney general acted in bad faith, vexatiously, wantonly, or for oppressive reasons.