Commerce and Trade - 15 USC Section 15c

01/03/05

Sec. 15c. Actions by State attorneys general

(a) Parens patriae; monetary relief; damages; prejudgment interest
(1) Any attorney general of a State may bring a civil action in
the name of such State, as parens patriae on behalf of natural
persons residing in such State, in any district court of the United
States having jurisdiction of the defendant, to secure monetary
relief as provided in this section for injury sustained by such
natural persons to their property by reason of any violation of
sections 1 to 7 of this title. The court shall exclude from the
amount of monetary relief awarded in such action any amount of
monetary relief (A) which duplicates amounts which have been
awarded for the same injury, or (B) which is properly allocable to
(i) natural persons who have excluded their claims pursuant to
subsection (b)(2) of this section, and (ii) any business entity.
(2) The court shall award the State as monetary relief threefold
the total damage sustained as described in paragraph (1) of this
subsection, and the cost of suit, including a reasonable attorney's
fee. The court may award under this paragraph, pursuant to a motion
by such State promptly made, simple interest on the total damage
for the period beginning on the date of service of such State'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 paragraph for any period is just in the circumstances,
the court shall consider only -
(A) whether such State 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;
(B) whether, in the course of the action involved, such State
or the opposing party, or either party's representative, violated
any applicable rule, statute, or court order providing for
sanctions for dilatory behavior or other wise providing for
expeditious proceedings; and
(C) whether such State 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) Notice; exclusion election; final judgment
(1) In any action brought under subsection (a)(1) of this
section, the State attorney general shall, at such times, in such
manner, and with such content as the court may direct, cause notice
thereof to be given by publication. If the court finds that notice
given solely by publication would deny due process of law to any
person or persons, the court may direct further notice to such
person or persons according to the circumstances of the case.
(2) Any person on whose behalf an action is brought under
subsection (a)(1) of this section may elect to exclude from
adjudication the portion of the State claim for monetary relief
attributable to him by filing notice of such election with the
court within such time as specified in the notice given pursuant to
paragraph (1) of this subsection.
(3) The final judgment in an action under subsection (a)(1) of
this section shall be res judicata as to any claim under section 15
of this title by any person on behalf of whom such action was
brought and who fails to give such notice within the period
specified in the notice given pursuant to paragraph (1) of this
subsection.
(c) Dismissal or compromise of action
An action under subsection (a)(1) of this section shall not be
dismissed or compromised without the approval of the court, and
notice of any proposed dismissal or compromise shall be given in
such manner as the court directs.
(d) Attorneys' fees
In any action under subsection (a) of this section -
(1) the amount of the plaintiffs' attorney's fee, if any, shall
be determined by the court; and
(2) the court may, in its discretion, award a reasonable
attorney's fee to a prevailing defendant upon a finding that the
State attorney general has acted in bad faith, vexatiously,
wantonly, or for oppressive reasons.

AMENDMENTS
1980 - Subsec. (a)(2). 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 304 of Pub. L. 94-435 provided that: "The amendments to
the Clayton Act made by section 301 of this Act [enacting this
section and sections 15d to 15h of this title] shall not apply to
any injury sustained prior to the date of enactment of this Act
[Sept. 30, 1976]."

Last modified: June 14, 2006