15 U.S.C. § 4303 : US Code - Section 4303: Limitation on recovery

Search 15 U.S.C. § 4303 : US Code - Section 4303: Limitation on recovery

(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) of this section 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.