§ 4304. Award of costs, including attorney’s fees, to substantially prevailing party; offset
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/usc/title-15/section-4304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Notwithstanding sections 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.
(Pub. L. 98–462, § 5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103–42, § 3(e)(2), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 106, June 22, 2004, 118 Stat. 664.)
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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
9 references not yet in our index
- Pub. L. 98–462, § 5
- 98 Stat. 1817
- Pub. L. 103–42, § 3(e)(2)
- 107 Stat. 119
- Pub. L. 108–237, title I, § 106
- 118 Stat. 664
- Pub. L. 108–237, § 106(1)
- Pub. L. 108–237, § 106(2)
- Pub. L. 103–42
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§ 4304
Award of costs, including attorney’s fees, to substantially prevailing party; offset
Stat.×3
U.S.C.×2
Stat. Comp.×1
Pub. L.Pub. L. 98–462, § 5
Stat.98 Stat. 1817
Pub. L.Pub. L. 103–42, § 3(e)(2)
Stat.107 Stat. 119
Pub. L.Pub. L. 108–237, title I, § 106
Cites 9 · showing 5Cited by 6 across 3 sources