§ 4304. Award of costs, including attorney’s fees, to substantially prevailing party; offset

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 § 5 · 98 Stat. 1815

   Enacted · 15 U.S.C. § 4304

   Pub. L. 98–462, § 5, Oct. 11, 1984, 98 Stat. 1817

   Source evidence

   Code source credit
   Pub. L. 98–462, § 5, Oct. 11, 1984, 98 Stat. 1817

   Enacted provision · exact public law section
   Sec. 5. attorney’s fees (a) Notwithstanding sections 4 and 16 of the Clayton Act, in 15 USC 4304. 15 USC 4304. any claim under the antitrust laws, or any State law similar to the antitrust laws, based on the conducting of a joint research and development venture, the court shall, at the conclusion of the action— (1) award to a substantially prevailing claimant the cost of suit attributable to such claim, including a reasonable attorney’s fee, or (2) award to a substantially prevailing party defending against any such claim the cost of suit attributable to such claim, including a reasonable attorney’s fee, if the claim, or the claimant’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. (b) The award made under subsection (a) may be offset in whole or in part by an award in favor of any other party for any part of the cost of suit, including a reasonable attorney’s fee, attributable to conduct during the litigation by any prevailing party that the court finds to be frivolous, unreasonable, without foundation, or in bad faith.

2. 1993

   National Cooperative Production Amendments of 1993

   Pub. L. 103–42 § 3(e)(2) · 107 Stat. 117

   Substituted · 15 U.S.C. § 4304(a)

   Pub. L. 103–42 substituted “joint venture” for “joint research and development venture” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–42 substituted “joint venture” for “joint research and development venture” in introductory provisions.

   Enacted provision · exact public law section
   (2) in section 5(a) in the matter preceding paragraph (1) 15 USC 4304. by striking “research and development”.

3. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 106(1) · 118 Stat. 661

   Inserted · 15 U.S.C. § 4304(a)

   Pub. L. 108–237, § 106(1), inserted “, or of a standards development activity engaged in by a standards development organization” after “joint venture” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–237, § 106(1), inserted “, or of a standards development activity engaged in by a standards development organization” after “joint venture” in introductory provisions.

   Enacted provision · exact public law section
   (1) in subsection (a) by inserting “, or of a standards development activity engaged in by a standards development organization” after “joint venture”, and

4. 2004

   Standards Development Organization Advancement Act of 2004

   Pub. L. 108–237 § 106(2) · 118 Stat. 661

   Added · 15 U.S.C. § 4304(c)

   Pub. L. 108–237, § 106(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–237, § 106(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(c) Subsections (a) and (b) shall not apply with respect to any person who— “(1) directly 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 a 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.” .

4 of 4 references resolved to an enrolled provision