§4304 — Title 15 Commerce and Trade | U.S. Code

Summary

Courts must make the winning side pay the legal costs, including reasonable lawyer fees, in antitrust cases about joint ventures or standards work. If the person who brought the claim mostly wins, they get costs for that claim. If the defender mostly wins, they get costs only if the claim or the claimant’s behavior in the case was frivolous, baseless, or in bad faith. The court can lower or cancel a fee award if a winning party acted badly during the lawsuit. These rules do not apply to a person who (1) took part in the standards activity found to violate antitrust law, (2) is not a full‑time employee of the standards group, and (3) works for (or represents) a business that would directly benefit from the standard.

Title 15, §4304

Commerce and Trade — Source: USLM XML via OLRC

(a)Notwithstanding section 15 and 26 of this title, in any claim under the antitrust laws, or any State law similar to the antitrust laws, based on the conducting of a joint venture, or of a standards development activity engaged in by a standards development organization, the court shall, at the conclusion of the action—

(1)award to a substantially prevailing claimant the cost of suit attributable to such claim, including a reasonable attorney’s fee, or

(2)award to a substantially prevailing party defending against any such claim the cost of suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith.

(b)The award made under subsection (a) may be offset in whole or in part by an award in favor of any other party for any part of the cost of suit, including a reasonable attorney’s fee, attributable to conduct during the litigation by any prevailing party that the court finds to be frivolous, unreasonable, without foundation, or in bad faith.

(c)Subsections (a) and (b) shall not apply with respect to any person who—

(1)directly 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 a 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (a). Pub. L. 108–237, § 106(1), inserted “, or of a standards development activity engaged in by a standards development organization” after “joint venture” in introductory provisions. Subsec. (c). Pub. L. 108–237, § 106(2), added subsec. (c). 1993—Subsec. (a). Pub. L. 103–42 substituted “joint venture” for “joint research and development venture” in introductory provisions.

§4304 Award of Costs, Including Attorney’s Fees, to Substantially Prevailing Party; Offset

Summary

Title 15, §4304

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata