15 U.S.C. § 15 — Suits by persons injured

submitted 112 years ago by ch. 323 to r/title-15-COMMERCE-AND-TRADE · 517 words · no verdicts yet

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Anyone hurt in their business or property by an antitrust violation may sue in federal court. The winner collects triple damages, court costs, and a reasonable attorney's fee. Foreign states suing this way usually can't collect triple damages, only actual losses, unless narrow exceptions apply.

(a) Amount of recovery; prejudgment interest — Unless subsection (b) says otherwise, anyone injured in their business or property because of something the antitrust laws forbid can sue. They can sue in the federal district court where the defendant lives, is found, or has an agent — no matter how small or large the dollar amount involved is. If they win, they must recover three times their actual damages, plus the cost of the lawsuit, including a reasonable attorney's fee. The court can also add simple interest on top of the actual damages. This only happens if the injured person asks for it through a timely motion, and only for the time between when they filed their claim and when judgment is entered (or a shorter period). The court can only decide interest is "just" by looking at three things: (1) whether either side made meritless motions or claims meant to cause delay or acted in bad faith; (2) whether either side broke a rule, statute, or court order meant to prevent delay or speed up the case; and (3) whether either side acted mainly to delay the case or run up its costs. (b) Amount of damages payable to foreign states and their instrumentalities — (1) Unless paragraph (2) applies, if the person suing is a foreign state, it cannot recover more than its actual damages plus the cost of suit and a reasonable attorney's fee — no tripling. (2) That limit doesn't apply, and the foreign state can get triple damages like anyone else, if all four of these are true: (A) the foreign state would not have sovereign immunity for this claim under section 1605(a)(2) of title 28, because the case involves the foreign state's own commercial activity; (B) the foreign state gives up any defense based on being a foreign state; (C) the foreign state's main business is commercial activity; and (D) in that commercial activity, the foreign state wasn't acting as a purchasing agent for itself or another foreign state. (c) Definitions — In this section, "commercial activity" means what section 1603(d) of title 28 says it means, and "foreign state" means what section 1603(a) of title 28 says it means.

the actual law source: uscode.house.gov ↗public domain

(a) Amount of recovery; prejudgment interest

Except as provided in subsection (b), any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’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 section for any period is just in the circumstances, the court shall consider only—

(1)

whether such person 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;

(2)

whether, in the course of the action involved, such person or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and

(3)

whether such person 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) Amount of damages payable to foreign states and instrumentalities of foreign states

(1)

Except as provided in paragraph (2), any person who is a foreign state may not recover under subsection (a) an amount in excess of the actual damages sustained by it and the cost of suit, including a reasonable attorney’s fee.

(2)

Paragraph (1) shall not apply to a foreign state if—

(A)

such foreign state would be denied, under section 1605(a)(2) of title 28, immunity in a case in which the action is based upon a commercial activity, or an act, that is the subject matter of its claim under this section;

(B)

such foreign state waives all defenses based upon or arising out of its status as a foreign state, to any claims brought against it in the same action;

(C)

such foreign state engages primarily in commercial activities; and

(D)

such foreign state does not function, with respect to the commercial activity, or the act, that is the subject matter of its claim under this section as a procurement entity for itself or for another foreign state.

For purposes of this section—

(1)

the term “commercial activity” shall have the meaning given it in section 1603(d) of title 28, and

(2)

the term “foreign state” shall have the meaning given it in section 1603(a) of title 28.

Source credit: (Oct. 15, 1914, ch. 323, § 4, 38 Stat. 731; Pub. L. 96–349, § 4(a)(1), Sept. 12, 1980, 94 Stat. 1156; Pub. L. 97–393, Dec. 29, 1982, 96 Stat. 1964.)

history & why it existsrecord from the source credit

1914Enacted · Act of Oct. 15, 1914, ch. 323 · 38 Stat. 731
1980Amended · Pub. L. 96-349 · 94 Stat. 1156
1982Amended · Pub. L. 97-393 · 96 Stat. 1964

A history note hasn’t been published yet. The record shows enactment by ch. 323 on 1914-10-15.

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