§4016 Protection Conferred by Certificate of Review

Summary

If a person had a valid certificate of review when they acted, and the action was the kind the certificate lists and followed its terms under section 4013, they cannot be criminally charged or sued under the antitrust laws for that action, except as described below. A person harmed by conduct done under a certificate can sue for an injunction, actual money damages, interest on those damages, and the cost of the lawsuit including a reasonable lawyer’s fee if the conduct failed to meet the standards in section 4013(a). The lawsuit must be filed within two years after the person learns of the failure, and no later than four years after the cause of action arose. Conduct that the certificate lists and that follows its terms is presumed to meet the section 4013(a) standards. If a court finds the conduct did meet those standards, the court must award the defendant the legal costs and fees caused by the suit. The Attorney General may also sue under section 25 to stop conduct that would cause clear and irreparable harm to the national interest.