Sec. 3. Private antitrust damages
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/bill/115/s/3598/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No damages, or interest on damages, may be recovered under section 4, 4A or 4C of the Clayton Act ( 15 U.S.C. 15 , 15a, or 15c) by any person, except for any State, instrumentality of a State, or employee of a State or instrumentality of a State acting in his or her official capacity, from an occupational licensing board, or any member, officer, employee, or agent of a board, acting in their official capacity, if— the State— has enacted a law requiring an occupational license to practice the lawful occupation regulated by the occupational licensing board; has set forth criteria outlining any personal qualifications necessary to obtain an occupational license and has required that licensees adhere to standards of practice and ethical standards in the performance of regulated lawful occupations; and has found that— the public needs, and can be reasonably expected to benefit from, occupational licensing of the lawful occupation; and the unlicensed conduct of the lawful occupation would harm or endanger the health, safety, or welfare of the public; an occupation licensed by an occupational licensing board— is a widely regulated occupation; or is not a widely regulated occupation and the State has implemented a periodic sunset review process of the occupational licensing board with regard to that occupation; and
(ii)if previously unregulated by the State, the State has implemented a sunrise review process of the occupational licensing board with regard to its regulation of that newly licensed occupation; the chief executive, legislature, or other elected officer of the State— has appointed all members of the occupational licensing board; and has required public representation on the occupational licensing board; and the State or the occupational licensing board has established a mechanism under which any person aggrieved by an action of the occupational licensing board has the right to— contest such action at a hearing before the occupational licensing board at which the individual may provide evidence, argument, and analysis; review, at a reasonable time before the hearing, all evidence that the occupational licensing board has gathered relating to the contested action; receive a final reasoned decision in writing from the occupational licensing board within a reasonable period after the hearing; and appeal an adverse decision of the occupational licensing board to an independent adjudicator, including judicial review. This section shall not apply to any case commenced before the date of enactment of this Act, unless it would be inequitable not to apply this section to a pending action. Nothing in this Act shall be construed to modify or impair the applicability or availability of— relief pursuant to section 4A or 4C of the Clayton Act ( 15 U.S.C. 15a , 15c); injunctive relief pursuant to section 16 of the Clayton Act ( 15 U.S.C. 26 ); equitable monetary or injunctive relief pursuant to section 13(b) of the Federal Trade Commission Act ( 15 U.S.C. 53(b) ); or the ability of any person to recover the cost of the suit, including a reasonable attorney’s fee, under section 4 of the Clayton Act ( 15 U.S.C. 15 ). The immunity from damages, or interest on damages, that is provided to members, officers, employees, or agents of an occupational licensing board of a State under subsection
(a)shall not apply to any action unrelated to their official capacity, such as implementing rules governing minimum prices or fees.
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