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15 U.S.C. § 15dMeasurement of damages

submitted 112 years ago by Pub. L. 94-435 to r/title-15-COMMERCE-AND-TRADE · 95 words · no verdicts yet

in plain englishAI-generated · not legal advice

In a state attorney general's price-fixing lawsuit under section 15c, damages can be proven and calculated for the whole group at once — using statistics, sampling, or total overcharges — instead of proving each person's individual loss separately.

This section is a single, undivided provision. This section applies to lawsuits brought under section 15c(a)(1), where a court has already found that a defendant agreed to fix prices in violation of sections 1 to 7 of this title. In that kind of case, damages don't have to be proven person-by-person. Instead, the court can let damages be proven and calculated in the aggregate — for the whole group at once — using statistical or sampling methods, by calculating the total illegal overcharges, or through any other reasonable method of estimating total damages that the court, in its discretion, allows.
the actual law source: uscode.house.gov ↗public domain

In any action under section 15c(a)(1) of this title, in which there has been a determination that a defendant agreed to fix prices in violation of sections 1 to 7 of this title, damages may be proved and assessed in the aggregate by statistical or sampling methods, by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as the court in its discretion may permit without the necessity of separately proving the individual claim of, or amount of damage to, persons on whose behalf the suit was brought.

Source credit: (Oct. 15, 1914, ch. 323, § 4D, as added Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. 1395.)

history & why it existsrecord from the source credit
  • 1914Enacted · Pub. L. 94-435 · 90 Stat. 1395

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-435 on 1914-10-15.

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