§4016 Protection conferred by certificate of review

Summary

People who act under a valid certificate issued under section 4013 are generally protected from criminal or civil antitrust lawsuits for the conduct the certificate lists and allows, unless the exceptions below apply. If someone is hurt because the conduct did not meet the rules in section 4013(a), that person can sue for a court order to stop the conduct, actual money damages, interest on those damages, and legal costs including a reasonable lawyer’s fee. The case follows the usual antitrust procedures, but only the section 4013(a) rules and the remedies above apply. A suit must be filed within 2 years after the person learns of the failure and no later than 4 years after the cause arose. Courts will presume that conduct matching and following a certificate meets the 4013(a) rules. If the court finds the conduct did comply, the defendant must be paid the legal costs of defending. The Attorney General may also sue to stop conduct that threatens clear and irreparable harm to the national interest.