§15c Actions by State Attorneys General

Summary

A State attorney general may sue in federal court for money on behalf of people who live in the State when those people’s property was harmed by violations of the federal antitrust laws in sections 1–7. The judge must not award money that would duplicate other recovery or that properly belongs to people who opted out or to businesses. The State must receive three times the total damages, plus the cost of the case and a reasonable lawyer’s fee. The court may also award simple interest from the date the State’s antitrust claim was served until judgment (or a shorter time) if the judge finds that such interest is fair. To decide fairness, the judge looks only at whether either side or their representatives made meritless delay tactics or acted in bad faith, broke rules or orders meant to prevent delay, or acted mainly to slow the case or raise costs. The attorney general must give notice of the suit by publication as the court orders. If publication alone would deny due process, the court can require other notice. Anyone on whose behalf the suit is brought can file to opt out within the time stated in the notice. If a person does not opt out, the final judgment prevents that person from later 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 any plaintiff lawyer’s fee and may award a defendant a lawyer’s fee if the State acted in bad faith, vexatiously, wantonly, or for oppressive reasons.