15 U.S.C. § 35 — Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity

(a) Prohibition. No damages, interest on damages, costs, or attorney's fees can be recovered under section 4, 4A, or 4C of the Clayton Act from a local government, or from an official or employee of that local government who was acting in their official capacity. (b) Exception for pending cases. This prohibition does not automatically apply to cases that were already filed before this Act's effective date. It applies to those older cases only if the defendant shows, and the court decides — after weighing everything, including how far along the case is and whether other relief under the Clayton Act is available — that it would be unfair not to apply the prohibition. If a case already has a jury verdict, a district court judgment, or has moved further along than that, the law treats that fact as strong evidence that the prohibition should not apply to it.