Public Law 98–544. To clarify the application of the Clayton Act to the official conduct of local governments, and for other purposes

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98 STAT. 2750 Public Law 98–544 98th Congress An Act To clarify the application of the Clayton Act to the official conduct of local governments, and for other purposes. Oct. 24, 1984[[H.R. 6027](/us/bill/98/hr/6027)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Local Government Antitrust Act of 1984.[15 USC 1 note](/us/usc/t15/s1).[15 USC 34](/us/usc/t15/s34). That this Act may be cited as the “Local Government Antitrust Act of 1984”. Sec. 2. For purposes of this Act—

(1)the term “local government” means—

(A)a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or

(B)a school district, sanitary district, or any other special function governmental unit established by State law in one or more States,

(2)the term “person” has the meaning given it in subsection

(a)of the first section of the Clayton Act (15 U.S.C. 12(A)), but does not include any local government as defined in paragraph

(1)of this section, and

(3)the term “State” has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). Sec. 3. [15 USC 35](/us/usc/t15/s35).

(a)No damages, interest on damages, costs, or attorney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity.

(b)Subsection

(a)shall not apply to cases commenced before the effective date of this Act unless the defendant establishes and the court determines, in light of all the circumstances, including the stage of litigation and the availability of alternative relief under the Clayton Act, that it would be inequitable not to apply this subsection to a pending case. In consideration of this section, existence of a jury verdict, district court judgment, or any stage of litigation subsequent thereto, shall be deemed to be prima facie evidence that subsection

(a)shall not apply. Sec. 4. [15 USC 36](/us/usc/t15/s36).

(a)No damages, interest on damages, costs or attorney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15,15a, or 15c) in any claim against a person based on any official action directed by a local government, or official or employee thereof acting in an official capacity.

(b)Subsection

(a)shall not apply with respect to cases commenced before the effective date of this Act. 98 STAT. 2751 Sec. 5. Section 510 of the Departments of Commerce, Justice, andRepeal State, the Judiciary, and Related Agencies Appropriation Act, 1985 (Public Law 98–411), is repealed. *Ante*, p. 1574.Effective date.[15 USC 34 note](/us/usc/t15/s34). Sec. 6. This Act shall take effect thirty days before the date of the enactment of this Act. Approved October 24, 1984. LEGISLATIVE HISTORY—[H.R. 6027](/us/bill/98/hr/6027) ([S. 1578](/us/bill/98/s/1578)): HOUSE REPORTS: No. [98–965](/us/hrpt/98/965) (Comm. on the Judiciary). No. [98–1158](/us/hrpt/98/1158) (Comm. of Conference). SENATE REPORT: No. [98–593](/us/srpt/98/593) accompanying [S. 1578](/us/bill/98/s/1578) (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 8, considered and passed House. Oct. 4, considered and passed Senate, amended. Oct. 11, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 40, No. 43 (1984): Oct. 24, Presidential statement. Public Law 98–545: To authorize United States participation in the Office International de la Vigne et du Vin (the International Office of the Vine and Wine). Public Law 545 Public Law 98–545 98 Stat. 2752 1984-10-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-07-25 98 2 public

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