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Commerce and Trade - 15 USC Section 15
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01/03/05 Sec. 15. Suits by persons injured
(a) Amount of recovery; prejudgment interest
Except as provided in subsection (b) of this section, 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) of this section
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.
(c) Definitions
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.
PRIOR PROVISIONS
Section supersedes two former similar sections enacted by act
July 2, 1890, ch. 647, Sec. 7, 26 Stat. 210, and act Aug. 27, 1894,
ch. 349, Sec. 77, 28 Stat. 570, each of which were restricted in
operation to the particular act cited. Section 7 of act July 2,
1890, was repealed by act July 7, 1955, ch. 283, Sec. 3, 69 Stat.
283, effective six months after July 7, 1955. Section 77 of act
Aug. 27, 1894, was repealed by Pub. L. 107-273, div. C, title IV,
Secs. 14102(c)(1)(A), 14103, Nov. 2, 2002, 116 Stat. 1921, 1922,
effective Nov. 2, 2002, and applicable only with respect to cases
commenced on or after Nov. 2, 2002.
AMENDMENTS
1982 - Pub. L. 97-393 designated existing provisions as subsec.
(a), inserted "Except as provided in subsection (b) of this
section,", and added subsecs. (b) and (c).
1980 - Pub. L. 96-349 inserted provisions respecting award of
prejudgment interest including considerations for the court in
determining whether an award is just under the circumstances.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 4(b) of Pub. L. 96-349 provided that: "The amendments
made by this section [amending this section and sections 15a and
15c of this title] shall apply only with respect to actions
commenced after the date of the enactment of this Act [Sept 12,
1980]."
Last modified: June 14, 2006
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