§ 15. — Suits by persons injured.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC15]
TITLE 15--COMMERCE AND TRADE
CHAPTER 1--MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Sec. 15. Suits by persons injured
(a) Amount of recovery; prejudgment interest
Except as provided in subsection (b) of this section, any person who
shall be injured in his business or property by reason of anything
forbidden in the antitrust laws may sue therefor in any district court
of the United States in the district in which the defendant resides or
is found or has an agent, without respect to the amount in controversy,
and shall recover threefold the damages by him sustained, and the cost
of suit, including a reasonable attorney's fee. The court may award
under this section, pursuant to a motion by such person promptly made,
simple interest on actual damages for the period beginning on the date
of service of such person'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 section for any period is just in the
circumstances, the court shall consider only--
(1) whether such person 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;
(2) whether, in the course of the action involved, such person
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
(3) whether such person 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) Amount of damages payable to foreign states and instrumentalities of
foreign states
(1) Except as provided in paragraph (2), any person who is a foreign
state may not recover under subsection (a) of this section an amount in
excess of the actual damages sustained by it and the cost of suit,
including a reasonable attorney's fee.
(2) Paragraph (1) shall not apply to a foreign state if--
(A) such foreign state would be denied, under section 1605(a)(2)
of title 28, immunity in a case in which the action is based upon a
commercial activity, or an act, that is the subject matter of its
claim under this section;
(B) such foreign state waives all defenses based upon or arising
out of its status as a foreign state, to any claims brought against
it in the same action;
(C) such foreign state engages primarily in commercial
activities; and
(D) such foreign state does not function, with respect to the
commercial activity, or the act, that is the subject matter of its
claim under this section as a procurement entity for itself or for
another foreign state.
(c) Definitions
For purposes of this section--
(1) the term ``commercial activity'' shall have the meaning
given it in section 1603(d) of title 28, and
(2) the term ``foreign state'' shall have the meaning given it
in section 1603(a) of title 28.
(Oct. 15, 1914, ch. 323, Sec. 4, 38 Stat. 731; Pub. L. 96-349,
Sec. 4(a)(1), Sept. 12, 1980, 94 Stat. 1156; Pub. L. 97-393, Dec. 29,
1982, 96 Stat. 1964.)
References in Text
The antitrust laws, referred to in subsec. (a), are defined in
section 12 of this title.
Prior Provisions
Section supersedes two former similar sections enacted by act July
2, 1890, ch. 647, Sec. 7, 26 Stat. 210, and act Aug. 27, 1894, ch. 349,
Sec. 77, 28 Stat. 570, each of which were restricted in operation to the
particular act cited. Section 7 of act July 2, 1890, was repealed by act
July 7, 1955, ch. 283, Sec. 3, 69 Stat. 283, effective six months after
July 7, 1955. Section 77 of act Aug. 27, 1894, was repealed by Pub. L.
107-273, div. C, title IV, Secs. 14102(c)(1)(A), 14103, Nov. 2, 2002,
116 Stat. 1921, 1922, effective Nov. 2, 2002, and applicable only with
respect to cases commenced on or after Nov. 2, 2002.
Amendments
1982--Pub. L. 97-393 designated existing provisions as subsec. (a),
inserted ``Except as provided in subsection (b) of this section,'', and
added subsecs. (b) and (c).
1980--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
Section 4(b) of Pub. L. 96-349 provided that: ``The amendments made
by this section [amending this section and sections 15a and 15c of this
title] shall apply only with respect to actions commenced after the date
of the enactment of this Act [Sept 12, 1980].''
Section Referred to in Other Sections
This section is referred to in sections 15b, 15c, 16, 35, 36, 4016,
4303, 4304 of this title; title 26 sections 162, 186; title 46 App.
section 1706.
