§4016 Protection Conferred by Certificate of Review

Summary

If a person has a certificate of review based on actions that match and follow a certificate issued under section 4013 that was in effect when the actions happened, they cannot be sued criminally or civilly under the antitrust laws, except as described below. Someone hurt by actions taken under a certificate of review can still bring a civil case only for an injunction, actual money damages, lost interest on those damages, and court costs (including reasonable lawyer fees), but only for failing to meet the standards in section 4013(a). Those cases follow the same procedures as suits under sections 15 or 26, but the only rules and remedies are the ones just listed. A suit must be filed within two years after the person learns of the failure, and always no later than four years after the claim arose. Courts start with the assumption that actions that match and follow a certificate of review meet the section 4013(a) standards. If a court finds they do meet those standards, the person who was sued must be paid the costs of defending the case (including reasonable lawyer fees). The U.S. Attorney General may bring a suit under section 25 to stop conduct that threatens clear and irreparable harm to the national interest.