§ 4016. — Protection conferred by certificate of review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4016]
TITLE 15--COMMERCE AND TRADE
CHAPTER 66--PROMOTION OF EXPORT TRADE
SUBCHAPTER II--EXPORT TRADE CERTIFICATES OF REVIEW
Sec. 4016. Protection conferred by certificate of review
(a) Protection from civil or criminal antitrust actions
Except as provided in subsection (b) of this section, no criminal or
civil action may be brought under the antitrust laws against a person to
whom a certificate of review is issued which is based on conduct which
is specified in, and complies with the terms of, a certificate issued
under section 4013 of this title which certificate was in effect when
the conduct occurred.
(b) Special restraint of trade civil actions; time limitations;
certificate governed conduct presumed in compliance; award of
costs to successful defendant; suit by Attorney General
(1) Any person who has been injured as a result of conduct engaged
in under a certificate of review may bring a civil action for injunctive
relief, actual damages, the loss of interest on actual damages, and the
cost of suit (including a reasonable attorney's fee) for the failure to
comply with the standards of section 4013(a) of this title. Any action
commenced under this subchapter shall proceed as if it were an action
commenced under section 15 or section 26 of this title, except that the
standards of section 4013(a) of this title and the remedies provided in
this paragraph shall be the exclusive standards and remedies applicable
to such action.
(2) Any action brought under paragraph (1) shall be filed within two
years of the date the plaintiff has notice of the failure to comply with
the standards of section 4013(a) of this title but in any event within
four years after the cause of action accrues.
(3) In any action brought under paragraph (1), there shall be a
presumption that conduct which is specified in and complies with a
certificate of review does comply with the standards of section 4013(a)
of this title.
(4) In any action brought under paragraph (1), if the court finds
that the conduct does comply with the standards of section 4013(a) of
this title, the court shall award to the person against whom the claim
is brought the cost of suit attributable to defending against the claim
(including a reasonable attorney's fee).
(5) The Attorney General may file suit pursuant to section 25 of
this title to enjoin conduct threatening clear and irreparable harm to
the national interest.
(Pub. L. 97-290, title III, Sec. 306, Oct. 8, 1982, 96 Stat. 1243.)
Effective Date
Section effective Oct. 8, 1982, see section 312 of Pub. L. 97-290,
set out as a note under section 4011 of this title.
