§ 4303. Limitation on recovery

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. 1984

   National Cooperative Research Act of 1984

   Pub. L. 98–462 § 4 · 98 Stat. 1815

   Enacted · 15 U.S.C. § 4303

   Pub. L. 98–462, § 4, Oct. 11, 1984, 98 Stat. 1816

   Source evidence

   Code source credit
   Pub. L. 98–462, § 4, Oct. 11, 1984, 98 Stat. 1816

   Enacted provision · exact public law section
   Sec. 4. limitation on recovery (a) Notwithstanding section 4 of the Clayton Act (15 U.S.C. 15) and in lieu of the relief specified in such section, any person who is entitled to recovery on a claim under such section shall recover the actual damages sustained by such person, interest calculated at the rate specified in section 1961 of title 28, United States Code, on such actual damages as specified in subsection (d), and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to section 5 of this Act if such claim— (1) results from conduct that is within the scope of a notification that has been filed under section 6(a) of this Act for a joint research and development venture, and (2) is filed after such notification becomes effective pursuant (b) Notwithstanding section 4C of the Clayton Act (15 U.S.C. 15c), and in lieu of the relief specified in such section, any State that is entitled to monetary relief on a claim under such section shall recover the total damage sustained as described in subsection (a)(1) of such section, interest calculated at the rate specified in section 1961 of title 28, United States Code, on such total damage as specified in subsection (d), and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to section 4C of the Clayton Act if such claim— 15 USC 15c. (1) results from conduct that is within the scope of a notification that has been filed under section 6(a) of this Act for a joint research and development venture, and (2) is filed after such notification becomes effective pursuant to section 6(c) of this Act. (c) Notwithstanding any provision of any State law providing damages for conduct similar to that forbidden by the antitrust laws, any person who is entitled to recovery on a claim under such provision shall not recover in excess of the actual damages sustained by such person, interest calculated at the rate specified in section 1961 of title 28, United States Code, on such actual damages as specified in subsection (d), and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to section 5 of this Act if such claim— (1) results from conduct that is within the scope of a notification that has been filed under section 6(a) of this Act for a joint research and development venture, and (2) is filed after notification has become effective pursuant to section 6(c) of this Act. (d) Interest shall be awarded on the damages involved for the period beginning on the earliest date for which injury can be established and ending on the date of judgment, unless the court finds that the award of all or part of such interest is unjust in the circumstances. (e) This section shall be applicable only if the challenged conduct of a person defending against a claim is not in violation of any decree or order, entered or issued after the effective date of this Act, in any case or proceeding under the antitrust laws or any State law similar to the antitrust laws challenging such conduct as part of a joint research and development venture.

2. 1993

   National Cooperative Production Amendments of 1993

   Pub. L. 103–42 § 3(e)(1)(A) · 107 Stat. 117

   Substituted · 15 U.S.C. § 4303(a)(c)

   Pub. L. 103–42, § 3(e)(1)(A), (B), in introductory provisions inserted “of this section” after “subsection (d)” and in par. (1) substituted “joint venture” for “joint research and development venture”

   Source evidence

   Code amendment note
   Subsecs. (a) to (c). Pub. L. 103–42, § 3(e)(1)(A), (B), in introductory provisions inserted “of this section” after “subsection (d)” and in par. (1) substituted “joint venture” for “joint research and development venture”.

   Enacted provision · exact public law section
   (A) in subsections (a)(1), (b)(1). (c)(1), and (e) by striking “research and development” each place it appears;

3. 1993

   National Cooperative Production Amendments of 1993

   Pub. L. 103–42 § 3(e)(1)(A) · 107 Stat. 117

   1. Substituted · 15 U.S.C. § 4303(e)

      Pub. L. 103–42, § 3(e)(1)(A), (C), substituted “October 11, 1984,” for “the effective date of this Act”

   2. Substituted · 15 U.S.C. § 4303(e)

      Pub. L. 103–42, § 3(e)(1)(A), (C), substituted “joint venture” for “joint research and development venture”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–42, § 3(e)(1)(A), (C), substituted “October 11, 1984,” for “the effective date of this Act” and substituted “joint venture” for “joint research and development venture”.

   Enacted provision · exact public law section
   (A) in subsections (a)(1), (b)(1). (c)(1), and (e) by striking “research and development” each place it appears;

4. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 105(1) · 118 Stat. 661

   Inserted · 15 U.S.C. § 4303(a)(1); 15 U.S.C. § 4303(b)(1); 15 U.S.C. § 4303(c)(1)

   Pub. L. 108–237, § 105(1), inserted “, or for a standards development activity engaged in by a standards development organization against which such claim is made” after “joint venture”

   Source evidence

   Code amendment note
   Subsecs. (a)(1), (b)(1), (c)(1). Pub. L. 108–237, § 105(1), inserted “, or for a standards development activity engaged in by a standards development organization against which such claim is made” after “joint venture”.

   Enacted provision · exact public law section
   (1) in subsections (a)(1), (b)(1), and (c)(1) by inserting “, or for a standards development activity engaged in by a standards development organization against which such claim is made” after “joint venture”,

5. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 105(3) · 118 Stat. 661

   Redesignated · 15 U.S.C. § 4303(e)

   Pub. L. 108–237, § 105(3), added subsec. (e). Former subsec. (e) redesignated (f)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 108–237, § 105(3), added subsec. (e). Former subsec. (e) redesignated (f).

   Enacted provision · exact public law section
   (3) by inserting after subsection (d) the following: “(e) Subsections (a), (b), and (c) shall not be construed to modify the liability under the antitrust laws of any person (other than a standards development organization) who— “(1) directly (or through an employee or agent) participates in a standards development activity with respect to which a violation of any of the antitrust laws is found, “(2) is not a fulltime employee of the standards development organization that engaged in such activity, and “(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.” .

6. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 105(2)(A) · 118 Stat. 661

   Inserted · 15 U.S.C. § 4303(e)

   Pub. L. 108–237, § 105(2)(A), inserted “, or of a standards development activity engaged in by a standards development organization” before period at end

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 108–237, § 105(2)(A), inserted “, or of a standards development activity engaged in by a standards development organization” before period at end.

   Enacted provision · exact public law section
   (A) by inserting “, or of a standards development activity engaged in by a standards development organization” before the period at the end, and

7. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 105(2)(B) · 118 Stat. 661

   Redesignated · 15 U.S.C. § 4303(f)

   Pub. L. 108–237, § 105(2)(B), redesignated subsec. (e) as (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 108–237, § 105(2)(B), redesignated subsec. (e) as (f).

   Enacted provision · exact public law section
   (B) by redesignating such subsection as subsection (f), and

8 of 8 references resolved to an enrolled provision