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Title 15 — Commerce and TradeRelease 119-73not60

§35 Recovery of Damages, Etc., for Antitrust Violations From Any Local Government, or Official or Employee Thereof Acting in an Official Capacity

Title 15 › Chapter 1— MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE › § 35

Last updated Apr 3, 2026|Official source

Summary

People cannot get money damages, interest, court costs, or lawyer 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 jobs. For cases started before this law took effect, the ban does not automatically apply. A defendant must show the court it would be fair to apply the ban, and the court must decide. A jury verdict, a district court judgment, or later progress in the case is treated as initial proof that the ban should not apply.

Full Legal Text

Title 15, §35

Commerce and Trade — Source: USLM XML via OLRC

(a)No damages, interest on damages, costs, or attorney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity.
(b)Subsection (a) shall not apply to cases commenced before the effective date of this Act unless the defendant establishes and the court determines, in light of all the circumstances, including the stage of litigation and the availability of alternative relief under the Clayton Act, that it would be inequitable not to apply this subsection to a pending case. In consideration of this section, existence of a jury verdict, district court judgment, or any stage of litigation subsequent thereto, shall be deemed to be prima facie evidence that subsection (a) shall not apply.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

For the

Effective Date

of this Act, referred to in subsec. (b), see

Effective Date

note below. The Clayton Act, referred to in subsecs. (a) and (b), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to section 12, 13, 14 to 19, 21, and 22 to 27 of this title and to section 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see

References in Text

note set out under section 12 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective thirty days before Oct. 24, 1984, see section 6 of Pub. L. 98–544, set out as a note under section 34 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 35

Title 15 — Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60