15 U.S.C. § 4303: Limitation on recovery

Summary

People who win a claim tied to a notified joint venture or a standards activity can only get the real money they lost. They also get interest at the rate in 28 U.S.C. 1961 on those damages, plus the court costs for that claim and a reasonable lawyer fee under section 4304. That rule applies only if the conduct was covered by a notification filed under section 4305(a) and the claim was filed after that notification became effective under section 4305(c). States can recover the total damages, the same interest, and costs (including fees under section 15c) under the same notification and timing rules. The same limits apply to claims brought under state laws that are like the antitrust laws. Interest runs from the earliest date you can show you were hurt until the judgment, unless the court decides some or all interest would be unfair. These rules do not reduce antitrust liability for people (not the standards organization) who directly take part in standards work, are not full-time employees of the standards group, and work in a business likely to benefit from the standards. The rules apply only if the challenged conduct was not already barred or judged by any order entered after October 11, 1984, in an antitrust or similar state-law case about the joint venture or standards activity.

Title 15, §4303

Commerce and Trade, Source: USLM XML via OLRC

(a)Amount recoverable

Notwithstanding section 15 of this title and in lieu of the relief specified in such section, any person who is entitled to recovery on a claim under such section shall recover the actual damages sustained by such person, interest calculated at the rate specified in section 1961 of title 28 on such actual damages as specified in subsection (d) of this section, and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to section 4304 of this title if such claim—

(1)results from conduct that is within the scope of a notification that has been filed under section 4305(a) of this title for a joint venture, or for a standards development activity engaged in by a standards development organization against which such claim is made, and

(2)is filed after such notification becomes effective pursuant to section 4305(c) of this title.

(b)Recovery by States

Notwithstanding section 15c of this title, and in lieu of the relief specified in such section, any State that is entitled to monetary relief on a claim under such section shall recover the total damage sustained as described in subsection (a)(1) of such section, interest calculated at the rate specified in section 1961 of title 28 on such total damage as specified in subsection (d) of this section, and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to section 15c of this title if such claim—

(2)is filed after such notification becomes effective pursuant to section 4305(c) of this title.

(c)Conduct similar under State law

Notwithstanding any provision of any State law providing damages for conduct similar to that forbidden by the antitrust laws, any person who is entitled to recovery on a claim under such provision shall not recover in excess of the actual damages sustained by such person, interest calculated at the rate specified in section 1961 of title 28 on such actual damages as specified in subsection (d) of this section, and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to section 4304 of this title if such claim—

(2)is filed after notification has become effective pursuant to section 4305(c) of this title.

(d)Interest

Interest shall be awarded on the damages involved for the period beginning on the earliest date for which injury can be established and ending on the date of judgment, unless the court finds that the award of all or part of such interest is unjust in the circumstances.

(e)Rule of construction

Subsections (a), (b), and (c) shall not be construed to modify the liability under the antitrust laws of any person (other than a standards development organization) who—

(1)directly (or through an employee or agent) participates in a standards development activity with respect to which a violation of any of the antitrust laws is found,

(2)is not a fulltime employee of the standards development organization that engaged in such activity, and

(3)is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.

(f)Applicability

This section shall be applicable only if the challenged conduct of a person defending against a claim is not in violation of any decree or order, entered or issued after October 11, 1984, in any case or proceeding under the antitrust laws or any State law similar to the antitrust laws challenging such conduct as part of a joint venture, or of a standards development activity engaged in by a standards development organization.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsecs. (a)(1), (b)(1), (c)(1). Pub. L. 108–237, § 105(1), inserted “, or for a standards development activity engaged in by a standards development organization against which such claim is made” after “joint venture”. Subsec. (e). Pub. L. 108–237, § 105(3), added subsec. (e). Former subsec. (e) redesignated (f). Pub. L. 108–237, § 105(2)(A), inserted “, or of a standards development activity engaged in by a standards development organization” before period at end. Subsec. (f). Pub. L. 108–237, § 105(2)(B), redesignated subsec. (e) as (f). 1993—Subsecs. (a) to (c). Pub. L. 103–42, § 3(e)(1)(A), (B), in introductory provisions inserted “of this section” after “subsection (d)” and in par. (1) substituted “joint venture” for “joint research and development venture”. Subsec. (e). Pub. L. 103–42, § 3(e)(1)(A), (C), substituted “October 11, 1984,” for “the

Effective Date

of this Act” and substituted “joint venture” for “joint research and development venture”.

§4303 Limitation on Recovery