§ 4303. Limitation on recovery
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/usc/title-15/section-4303A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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—
(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.
(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—
(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 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.
(Pub. L. 98–462, § 4, Oct. 11, 1984, 98 Stat. 1816; Pub. L. 103–42, § 3(e)(1), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 105, June 22, 2004, 118 Stat. 663.)
Connections10 cite this · traces to 5
Cited by 10 sections · top 5
U.S. Code
statutes-at-large
- Public Law 108–237To encourage the development and promulgation of voluntary consensus standards by providing relief under the antitrust laws to standards development organizations with respect to conduct engaged in for the purpose of developing voluntary consensus standards, and for other purposes
- Public Law 98–462To promote research and development, encourage innovation, stimulate trade, and make necessary and appropriate modifications in the operation of the antitrust laws
statute-compilations
11 references not yet in our index
- Pub. L. 98–462, § 4
- 98 Stat. 1816
- Pub. L. 103–42, § 3(e)(1)
- 107 Stat. 119
- Pub. L. 108–237, title I, § 105
- 118 Stat. 663
- Pub. L. 108–237, § 105(1)
- Pub. L. 108–237, § 105(3)
- Pub. L. 108–237, § 105(2)(A)
- Pub. L. 108–237, § 105(2)(B)
- Pub. L. 103–42, § 3(e)(1)(A)
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cites case law
§ 4303
Limitation on recovery
U.S.C.×7
Stat.×2
Stat. Comp.×1
Pub. L.Pub. L. 98–462, § 4
Stat.98 Stat. 1816
Pub. L.Pub. L. 103–42, § 3(e)(1)
Stat.107 Stat. 119
Pub. L.Pub. L. 108–237, title I, § 105
Cites 16 · showing 10Cited by 10 across 3 sources