§35 Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity

Summary

You cannot get money damages, interest, court costs, or lawyers’ fees under sections 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, 15c) from a local government or from its officials or employees when they are acting in their official roles. If a lawsuit started before the law took effect, the ban usually does not apply. A defendant can ask the court to apply the ban anyway, but must prove the court that it would be unfair not to. The court will consider the stage of the case and other remedies. A jury verdict, a district court judgment, or later stages of the case count as initial proof that the ban should not apply.