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15 U.S.C. § 15aSuits by United States; amount of recovery; prejudgment interest

submitted 112 years ago by ch. 323 to r/title-15-COMMERCE-AND-TRADE · 302 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the United States is hurt in its business or property by an antitrust violation, it can sue in federal court and collect three times the damages plus court costs. A court can also add interest on actual damages, based on fairness factors like bad-faith conduct, delay, or rule violations by either side.

This section is a single, undivided provision. Whenever the United States is injured in its business or property because of something the antitrust laws forbid, it can sue. It sues in the federal district court where the defendant lives, is found, or has an agent, regardless of the dollar amount at stake. If the United States wins, it recovers three times its actual damages, plus the cost of the suit. A court can also award simple interest on top of the actual damages, if the United States asks for it through a timely motion. This interest covers the period from when the United States filed its claim to when judgment is entered, or a shorter period. In deciding whether interest for that period is fair, the court can only weigh four things: (1) whether either side made meritless motions or claims meant to delay the case or acted in bad faith; (2) whether either side broke a rule, statute, or court order meant to prevent delay; (3) whether either side acted mainly to delay the case or increase its cost; and (4) whether awarding interest is actually needed to properly compensate the United States for its injury.
the actual law source: uscode.house.gov ↗public domain

Whenever the United States is hereafter injured in its business or property by reason of anything forbidden in the antitrust laws it may sue therefor in the United States district court for 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 it sustained and the cost of suit. The court may award under this section, pursuant to a motion by the United States promptly made, simple interest on actual damages for the period beginning on the date of service of the pleading of the United States 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 the United States 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, the United States 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;

(3)

whether the United States 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; and

(4)

whether the award of such interest is necessary to compensate the United States adequately for the injury sustained by the United States.

Source credit: (Oct. 15, 1914, ch. 323, § 4A, as added July 7, 1955, ch. 283, § 1, 69 Stat. 282; amended Pub. L. 96–349, § 4(a)(2), Sept. 12, 1980, 94 Stat. 1156; Pub. L. 101–588, § 5, Nov. 16, 1990, 104 Stat. 2880.)

history & why it existsrecord from the source credit
  • 1914Enacted · Act of Oct. 15, 1914, ch. 323 · 69 Stat. 282
  • 1980Amended · Pub. L. 96-349 · 94 Stat. 1156
  • 1990Amended · Pub. L. 101-588 · 104 Stat. 2880

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

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