§15c Actions by State Attorneys General

Summary

A State attorney general may sue in federal court on behalf of people who live in the State to get money for harm to their property caused by violations of the antitrust laws in sections 1–7. The court will not include money that would duplicate other awards or money tied to people who opt out or to businesses. The State can get three times the total damages, plus court costs and a reasonable lawyer’s fee. The court can also add simple interest from the date the State’s antitrust claim was served until judgment, or for a shorter time, if the court finds that doing so is fair. To decide fairness the court will look only at whether either side made groundless motions or claims that delayed the case, broke rules or orders meant to speed the case, or acted mainly to delay or raise costs. The attorney general must give notice to the public in the way the court directs, usually by publication, and the court can order more notice if needed. Anyone the suit covers can file to be excluded within the time the notice gives. If they do not opt out, the final judgment prevents them from later bringing the same claim on their own. The case cannot be dismissed or settled without the court’s approval, and the court decides how notice of any proposed dismissal or settlement is given. The court sets the plaintiffs’ lawyer fees and may award fees to a winning defendant only if the attorney general acted in bad faith, vexatiously, wantonly, or for oppressive reasons.