15 U.S.C. § 4304 : US Code - Section 4304: Award of costs, including attorney's fees, to substantially prevailing party; offset

Search 15 U.S.C. § 4304 : US Code - Section 4304: Award of costs, including attorney's fees, to substantially prevailing party; offset

(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) of this section 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) of this section 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.