§ 15a. — Suits by United States; amount of recovery; prejudgment interest.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC15a]
TITLE 15--COMMERCE AND TRADE
CHAPTER 1--MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Sec. 15a. Suits by United States; amount of recovery;
prejudgment interest
Whenever the United States is hereafter injured in its business or
property by reason of anything forbidden in the antitrust laws it may
sue therefor in the United States district court for 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
it sustained and the cost of suit. The court may award under this
section, pursuant to a motion by the United States promptly made, simple
interest on actual damages for the period beginning on the date of
service of the pleading of the United States 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 the United States 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, the United
States 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;
(3) whether the United States 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; and
(4) whether the award of such interest is necessary to
compensate the United States adequately for the injury sustained by
the United States.
(Oct. 15, 1914, ch. 323, Sec. 4A, as added July 7, 1955, ch. 283,
Sec. 1, 69 Stat. 282; amended Pub. L. 96-349, Sec. 4(a)(2), Sept. 12,
1980, 94 Stat. 1156; Pub. L. 101-588, Sec. 5, Nov. 16, 1990, 104 Stat.
2880.)
References in Text
The antitrust laws, referred to in text, are defined in section 12
of this title.
Amendments
1990--Pub. L. 101-588 substituted ``threefold the'' for ``actual''.
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
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.
Effective Date
Section effective six months after July 7, 1955, see note set out
under section 15b of this title.
Section Referred to in Other Sections
This section is referred to in sections 15b, 16, 35, 36 of this
title; title 28 section 1407.
