§ 15c. — Actions by State attorneys general.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC15c]
TITLE 15--COMMERCE AND TRADE
CHAPTER 1--MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Sec. 15c. Actions by State attorneys general
(a) Parens patriae; monetary relief; damages; prejudgment interest
(1) Any attorney general of a State may bring a civil action in the
name of such State, as parens 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 sections 1 to 7 of this
title. 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. 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 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 other wise 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.
(b) Notice; exclusion election; final judgment
(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 subsection
(a)(1) of this section 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) of this
section shall be res judicata as to any claim under section 15 of this
title 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) Dismissal or compromise of action
An action under subsection (a)(1) of this section shall not be
dismissed or 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) Attorneys' fees
In any action under subsection (a) of this section--
(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.
(Oct. 15, 1914, ch. 323, Sec. 4C, as added Pub. L. 94-435, title III,
Sec. 301, Sept. 30, 1976, 90 Stat. 1394; amended Pub. L. 96-349,
Sec. 4(a)(3), Sept. 12, 1980, 94 Stat. 1157.)
References in Text
The antitrust laws, referred to in subsec. (a)(2), are defined in
section 12 of this title.
Amendments
1980--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.
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 304 of Pub. L. 94-435 provided that: ``The amendments to the
Clayton Act made by section 301 of this Act [enacting this section and
sections 15d to 15h of this title] shall not apply to any injury
sustained prior to the date of enactment of this Act [Sept. 30, 1976].''
Section Referred to in Other Sections
This section is referred to in sections 15b, 15d, 15e, 15g, 15h, 16,
35, 36, 4303 of this title; title 28 section 1407; title 42 section
11111.
