Sec. 35. Recovery of damages, etc., for antitrust violations from
any local government, or official or employee thereof acting in
an official capacity


    (a) Prohibition in general
      No damages, interest on damages, costs, or attorney's fees may be
    recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C.
    15, 15a, or 15c) from any local government, or official or employee
    thereof acting in an official capacity.
    (b) Preconditions for attachment of prohibition; prima facie
      evidence for nonapplication of prohibition
      Subsection (a) of this section shall not apply to cases commenced
    before the effective date of this Act unless the defendant
    establishes and the court determines, in light of all the
    circumstances, including the stage of litigation and the
    availability of alternative relief under the Clayton Act, that it
    would be inequitable not to apply this subsection to a pending
    case. In consideration of this section, existence of a jury
    verdict, district court judgment, or any stage of litigation
    subsequent thereto, shall be deemed to be prima facie evidence that
    subsection (a) of this section shall not apply.

                              EFFECTIVE DATE                          
      Section effective thirty days before Oct. 24, 1984, see section 6
    of Pub. L. 98-544, set out as a note under section 34 of this
    title.

Last modified: June 14, 2006