§ 15c. Actions by State attorneys general

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1914

   Sherman Act

   Pub. L. 94–435 title III § 301 · 90 Stat. 1383

   Enacted · 15 U.S.C. § 15c

   Oct. 15, 1914, ch. 323, § 4C, as added Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. 1394

   Source evidence

   Code source credit
   Oct. 15, 1914, ch. 323, § 4C, as added Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. 1394

   Enacted provision · exact public law section
   Sec. 301. parens patriae actions by state attorneys general The Clayton Act is amended by inserting immediately following section 4B the following new sections: “Sec. 4C. “actions by state attorneys general (a) (1) Any attorney general of a State may bring a civil action in the name of such State, as parents 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 the Sherman 15 USC 1–7. Act. 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. “(b) (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 Monetary relief, exclusion. subsection (a)(1) 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) shall Final judgment. be res judicata as to any claim under section 4 of this Act 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) An action under subsection (a)(1) shall not be dismissed or Dismissal or compromise of action, notice. 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) In any action under subsection (a)— Attorneys’ fees. “(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. “Sec. 4D. “measurement of damages In any action under section 4C(a)(1), in which there 15 USC 15d. has been a determination that a defendant agreed to fix prices in violation of the Sherman Act, damages may be proved and assessed 15 USC 1–7. 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. “Sec. 4E. “distribution of damages Monetary relief recovered in an action under section 15 USC 15e. 40(a)(1) shall— “(1) be distributed in such manner as the district court in its discretion may authorize; or “(2) be deemed a civil penalty by the court and deposited with the State as general revenues; subject, in either case to the requirement that any distribution procedure adopted afford each person a reasonable opportunity to secure his appropriate portion of the net monetary relief. “Sec. 4F. “actions by attorney general of the united states (a) Whenever the Attorney General of the United States Notification. 15 USC 15f. has brought an action under the antitrust laws, and he has reason to believe that any State attorney general would be entitled to bring an action under this Act based substantially on the same alleged violation of the antitrust laws, he shall promptly give written notification thereof to such State attorney general. “(b) To assist a State attorney general in evaluating the notice or Investigative files, availability. in bringing any action under this Act, the Attorney General of the United States shall, upon request by such State attorney general, make available to him, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action under this Act. “Sec. 4G. “definitions For the purposes of sections 4C, 4D, 4E, and 4F of this Act: “(1) The term ‘State attorney general’ means the chief legal officer of a State, or any other person authorized by State law to bring actions under section 4C of this Act, and includes the Corporation Counsel of the District of Columbia, except that such term does not include any person employed or retained on— “(A) a contingency fee based on a percentage of the monetary relief awarded under this section; or “(B) any other contingency fee basis, unless the amount of the award of a reasonable attorney’s fee to a prevailing plaintiff is determined by the court under section 4C (d)(1). “(2) The term ‘State’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. “(3) The term ‘natural persons’ does not include proprietorships or partnerships. “Sec. 4H. “applicability of parens patriae actions Sections 4C, 4D, 4E, 4F, and 4G shall apply in any State, unless such State provides by law for its nonapplicability in such State.”.

2. 1980

   Antitrust Procedural Improvements Act of 1980

   Pub. L. 96–349 § 4(a)(3) · 94 Stat. 1154

   Inserted · 15 U.S.C. § 15c(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (3) Section 4C(a)(2) of the Clayton Act (15 U.S.C. 15c(a)(2)) is Award to States. amended by adding at the end thereof the following new sentences: “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 Eligibility. 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 otherwise 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.”.

   Effective date note
   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.

2 of 2 references resolved to an enrolled provision