§ 4303. — Limitation on recovery.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4303]
TITLE 15--COMMERCE AND TRADE
CHAPTER 69--COOPERATIVE RESEARCH
Sec. 4303. Limitation on recovery
(a) Amount recoverable
Notwithstanding section 15 of this title and in lieu of the relief
specified in such section, any person who is entitled to recovery on a
claim under such section shall recover the actual damages sustained by
such person, interest calculated at the rate specified in section 1961
of title 28 on such actual damages as specified in subsection (d) of
this section, and the cost of suit attributable to such claim, including
a reasonable attorney's fee pursuant to section 4304 of this title if
such claim--
(1) results from conduct that is within the scope of a
notification that has been filed under section 4305(a) of this title
for a joint venture, and
(2) is filed after such notification becomes effective pursuant
to section 4305(c) of this title.
(b) Recovery by States
Notwithstanding section 15c of this title, and in lieu of the relief
specified in such section, any State that is entitled to monetary relief
on a claim under such section shall recover the total damage sustained
as described in subsection (a)(1) of such section, interest calculated
at the rate specified in section 1961 of title 28 on such total damage
as specified in subsection (d) of this section, and the cost of suit
attributable to such claim, including a reasonable attorney's fee
pursuant to section 15c of this title if such claim--
(1) results from conduct that is within the scope of a
notification that has been filed under section 4305(a) of this title
for a joint venture, and
(2) is filed after such notification becomes effective pursuant
to section 4305(c) of this title.
(c) Conduct similar under State law
Notwithstanding any provision of any State law providing damages for
conduct similar to that forbidden by the antitrust laws, any person who
is entitled to recovery on a claim under such provision shall not
recover in excess of the actual damages sustained by such person,
interest calculated at the rate specified in section 1961 of title 28 on
such actual damages as specified in subsection (d) of this section, and
the cost of suit attributable to such claim, including a reasonable
attorney's fee pursuant to section 4304 of this title if such claim--
(1) results from conduct that is within the scope of a
notification that has been filed under section 4305(a) of this title
for a joint venture, and
(2) is filed after notification has become effective pursuant to
section 4305(c) of this title.
(d) Interest
Interest shall be awarded on the damages involved for the period
beginning on the earliest date for which injury can be established and
ending on the date of judgment, unless the court finds that the award of
all or part of such interest is unjust in the circumstances.
(e) Applicability
This section shall be applicable only if the challenged conduct of a
person defending against a claim is not in violation of any decree or
order, entered or issued after October 11, 1984, in any case or
proceeding under the antitrust laws or any State law similar to the
antitrust laws challenging such conduct as part of a joint venture.
(Pub. L. 98-462, Sec. 4, Oct. 11, 1984, 98 Stat. 1816; Pub. L. 103-42,
Sec. 3(e)(1), June 10, 1993, 107 Stat. 119.)
Amendments
1993--Subsecs. (a) to (c). Pub. L. 103-42, Sec. 3(e)(1)(A), (B), in
introductory provisions inserted ``of this section'' after ``subsection
(d)'' and in par. (1) substituted ``joint venture'' for ``joint research
and development venture''.
Subsec. (e). Pub. L. 103-42, Sec. 3(e)(1)(A), (C), substituted
``October 11, 1984,'' for ``the effective date of this Act'' and
substituted ``joint venture'' for ``joint research and development
venture''.
Section Referred to in Other Sections
This section is referred to in sections 4305, 4306 of this title.
