Full/Raw
Text of 15 USC §15c
Cite.
15 USC Sec. 15c 01/05/99
Expcite.
Title 15 - Commerce and Trade; Chapter 1 - Monopolies and
Combinations In Restraint of Trade
Head. Sec.
15c. Actions by State attorneys general
Statute.
(a)
Parens patriae; monetary relief; damages; prejudgment interest
(1)
Any attorney general of a State may bring a civil action in the name of
such State, as parens patriae on behalf of natural persons residing in
such State, in any district court of the United States having
jurisdiction of the defendant, to secure monetary relief as provided in
this section for injury sustained by such natural persons to their
property by reason of any violation of sections 1 to 7 of this title.
The court shall exclude from the amount of monetary relief awarded in
such action any amount of monetary relief (A) which duplicates amounts
which have been awarded for the same injury, or (B) which is properly
allocable to (i) natural persons who have excluded their claims
pursuant to subsection (b)(2) of this section, and (ii) any business
entity.
(2)
The court shall award the State as monetary relief threefold the total
damage sustained as described in paragraph (1) of this subsection, and
the cost of suit, including a reasonable attorney's fee. The court may
award under this paragraph, pursuant to a motion by such State promptly
made, simple interest on the total damage for the period beginning on
the date of service of such State's pleading setting forth a claim
under the antitrust laws and ending on the date of judgment, or for any
shorter period therein, if the court finds that the award of such
interest for such period is just in the circumstances. In determining
whether an award of interest under this paragraph for any period is
just in the circumstances, the court shall consider only -
(A)
whether such State or the opposing party, or either party's
representative, made motions or asserted claims or defenses so lacking
in merit as to show that such party or representative acted
intentionally for delay or otherwise acted in bad faith;
(B)
whether, in the course of the action involved, such State or the
opposing party, or either party's representative, violated any
applicable rule, statute, or court order providing for sanctions for
dilatory behavior or other wise providing for expeditious proceedings;
and
(C)
whether such State or the opposing party, or either party's
representative, engaged in conduct primarily for the purpose of
delaying the litigation or increasing the cost thereof.
(b)
Notice; exclusion election; final judgment
(1)
In any action brought under subsection (a)(1) of this section, the
State attorney general shall, at such times, in such manner, and with
such content as the court may direct, cause notice thereof to be given
by publication. If the court finds that notice given solely by
publication would deny due process of law to any person or persons, the
court may direct further notice to such person or persons according to
the circumstances of the case.
(2)
Any person on whose behalf an action is brought under subsection (a)(1)
of this section may elect to exclude from adjudication the portion of
the State claim for monetary relief attributable to him by filing
notice of such election with the court within such time as specified in
the notice given pursuant to paragraph (1) of this subsection.
(3)
The final judgment in an action under subsection (a)(1) of this section
shall be res judicata as to any claim under section 15 of this title by
any person on behalf of whom such action was brought and who fails to
give such notice within the period specified in the notice given
pursuant to paragraph (1) of this subsection.
(c)
Dismissal or compromise of action. An action under subsection (a)(1) of
this section shall not be dismissed or compromised without the approval
of the court, and notice of any proposed dismissal or compromise shall
be given in such manner as the court directs.
(d)
Attorneys' fees. In any action under subsection (a) of this section -
(1)
the amount of the plaintiffs' attorney's fee, if any, shall be
determined by the court; and
(2)
the court may, in its discretion, award a reasonable attorney's fee to
a prevailing defendant upon a finding that the State attorney general
has acted in bad faith, vexatiously, wantonly, or for oppressive
reasons.
Source.
(Oct. 15, 1914, ch. 323, Sec. 4C, as added Pub. L. 94-435, title III,
Sec. 301, Sept. 30, 1976, 90 Stat. 1394; amended Pub. L. 96-349, Sec.
4(a)(3), Sept. 12, 1980, 94 Stat. 1157.)
References
in Text. The antitrust laws, referred to in subsec. (a)(2),
are defined in section 12 of this title.
Miscellaneous
Amendments.
Effective
Date of 1980 Amendment. Amendment by Pub. L. 96-349
applicable only with respect to actions commenced after Sept. 12, 1980,
see section 4(b) of Pub. L. 96-349, set out as a note under section 15
of this title.
Effective
Date. Section 304 of Pub. L. 94-435 provided that: ''The
amendments to the Clayton Act made by section 301 of this Act (enacting
this section and sections 15d to 15h of this title) shall not apply to
any injury sustained prior to the date of enactment of this Act (Sept.
30, 1976).''
Section
Referred to in Other Sections. This section is referred to in
sections 15b, 15d, 15e, 15g, 15h, 16, 35, 36, 4303 of this title; title
28 section 1407; title 42 section 11111.
