Sec. 507. Actions on behalf of consumers under Sherman Act
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/bill/117/s/2039/is/section-507·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4 of the Clayton Act ( 15 U.S.C. 15 ), is amended— by inserting after subsection (c), as added by section 501 of this Act, the following: The Assistant Attorney General may bring an action on behalf of persons in the United States injured in their business or property by reason of anything forbidden under the Sherman Act ( 15 U.S.C. 1 et seq. ) in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages sustained by such persons, and the cost of suit, including a reasonable attorney's fee.
The court may award under this subsection, pursuant to a motion by the Assistant Attorney General promptly made, simple interest on actual damages in accordance with the requirements under subsection (a). A court may not award any damages under this subsection that are duplicative of damages awarded before the date of the award under this subsection in a separate civil action pertaining to the same conduct and injured party. A court awarding damages to a person in a civil action after the date of an award of damages under this subsection that would be duplicative of damages awarded to the Assistant Attorney General on behalf of the person shall direct that such damages shall first be paid by the Assistant Attorney General from amounts in the Fund and, to the extent such damages are not fully paid from amounts in the Fund, shall be paid by the defendant.
There is established in the Treasury of the United States a fund to be known as the Antitrust Consumer Damages Fund (in this subsection referred to as the Fund ), which shall consist of amounts deposited under subparagraph (B). Notwithstanding section 3302 of title 31, United States Code, any amounts received by the Assistant Attorney General under an award under this subsection— shall be deposited in the Fund; and shall be available to the Assistant Attorney General, without further appropriation, for distribution to persons in the United States harmed by the applicable violation of the Sherman Act ( 15 U.S.C. 1 et seq. ).
Effective on the day after the date that is 10 years after the date on which an award is received under this subsection, the unobligated balances in the Fund of amounts that were received under the award are rescinded and shall be deposited in the general fund of the Treasury. ; and in subsection (f), as so redesignated by section 501 of this Act— by redesignating paragraphs
(1)and
(2)as paragraphs
(2)and (3), respectively; and by inserting before paragraph
(1)the following: the term Assistant Attorney General means the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice; .
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