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Commerce and Trade - 15 USC Section 15a
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01/03/05 Sec. 15a. Suits by United States; amount of recovery; prejudgment
interest
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.
AMENDMENTS
1990 - Pub. L. 101-588 substituted "threefold the" for "actual".
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
Amendment by Pub. L. 96-349 applicable only with respect to
actions commenced after Sept. 12, 1980, see section 4(b) of Pub. L.
96-349, set out as a note under section 15 of this title.
EFFECTIVE DATE
Section effective six months after July 7, 1955, see note set out
under section 15b of this title.
Last modified: June 14, 2006
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