§ 4304. — Award of costs, including attorney's fees, to substantially prevailing party; offset.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4304]
TITLE 15--COMMERCE AND TRADE
CHAPTER 69--COOPERATIVE RESEARCH
Sec. 4304. Award of costs, including attorney's fees, to
substantially prevailing party; offset
(a) Notwithstanding sections 15 and 26 of this title, in any claim
under the antitrust laws, or any State law similar to the antitrust
laws, based on the conducting of a joint venture, the court shall, at
the conclusion of the action--
(1) award to a substantially prevailing claimant the cost of
suit attributable to such claim, including a reasonable attorney's
fee, or
(2) award to a substantially prevailing party defending against
any such claim the cost of suit attributable to such claim,
including a reasonable attorney's fee, if the claim, or the
claimant's conduct during the litigation of the claim, was
frivolous, unreasonable, without foundation, or in bad faith.
(b) The award made under subsection (a) of this section may be
offset in whole or in part by an award in favor of any other party for
any part of the cost of suit, including a reasonable attorney's fee,
attributable to conduct during the litigation by any prevailing party
that the court finds to be frivolous, unreasonable, without foundation,
or in bad faith.
(Pub. L. 98-462, Sec. 5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103-42,
Sec. 3(e)(2), June 10, 1993, 107 Stat. 119.)
Amendments
1993--Subsec. (a). Pub. L. 103-42 substituted ``joint venture'' for
``joint research and development venture'' in introductory provisions.
Section Referred to in Other Sections
This section is referred to in section 4303 of this title.
