§ 35. — Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC35]
TITLE 15--COMMERCE AND TRADE
CHAPTER 1--MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Sec. 35. Recovery of damages, etc., for antitrust violations
from any local government, or official or employee thereof
acting in an official capacity
(a) Prohibition in general
No damages, interest on damages, costs, or attorney's fees may be
recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15,
15a, or 15c) from any local government, or official or employee thereof
acting in an official capacity.
(b) Preconditions for attachment of prohibition; prima facie evidence
for nonapplication of prohibition
Subsection (a) of this section shall not apply to cases commenced
before the effective date of this Act unless the defendant establishes
and the court determines, in light of all the circumstances, including
the stage of litigation and the availability of alternative relief under
the Clayton Act, that it would be inequitable not to apply this
subsection to a pending case. In consideration of this section,
existence of a jury verdict, district court judgment, or any stage of
litigation subsequent thereto, shall be deemed to be prima facie
evidence that subsection (a) of this section shall not apply.
(Pub. L. 98-544, Sec. 3, Oct. 24, 1984, 98 Stat. 2750.)
References in Text
For the effective date of this Act, referred to in subsec. (b), see
Effective Date note below.
The Clayton Act, referred to in subsecs. (a) and (b), is act Oct.
15, 1914, ch. 323, 38 Stat. 730, as amended, which is classified
generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of this
title and to sections 52 and 53 of Title 29, Labor. For further details
and complete classification of this Act to the Code, see References in
Text note set out under section 12 of this title and Tables.
Effective Date
Section effective thirty days before Oct. 24, 1984, see section 6 of
Pub. L. 98-544, set out as a note under section 34 of this title.
Section Referred to in Other Sections
This section is referred to in section 34 of this title.
