Except as provided in subsection (b), any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person'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 section for any period is just in the circumstances, the court shall consider only-
For purposes of this section-
15 U.S.C. § 15
Oct. 15, 1914, ch. 323, §4, 38 Stat. 731; Pub. L. 96-349, §4(a)(1), Sept. 12, 1980, 94 Stat. 1156; Pub. L. 97-393, Dec. 29, 1982, 96 Stat. 1964.
REFERENCES IN TEXTThe antitrust laws, referred to in subsec. (a), are defined in sectionof this title.
PRIOR PROVISIONSSection supersedes two former similar sections enacted by act July 2, 1890, ch. 647, §7, 26 Stat. 210, and act Aug. 27, 1894, ch. 349, §77, 28 Stat. 570, each of which were restricted in operation to the particular act cited. Section 7 of act July 2, 1890, was repealed by act July 7, 1955, ch. 283, §3, 69 Stat. 283, effective six months after July 7, 1955. Section 77 of act Aug. 27, 1894, was repealed by Pub. L. 107-273, div. C, title IV, §§14102(c)(1)(A)4103,, 141034103,, 116 Stat. 1921, 1922, effective Nov. 2, 2002, and applicable only with respect to cases commenced on or after Nov. 2, 2002.
AMENDMENTS 1982- Pub. L. 97-393 designated existing provisions as subsec. (a), inserted "Except as provided in subsection (b),", and added subsecs. (b) and (c). 1980- 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 AMENDMENTPub. L. 96-349, §4(b), Sept. 12, 1980, 94 Stat. 1157, provided that: "The amendments made by this section [amending this section and sectionsand of this title] shall apply only with respect to actions commenced after the date of the enactment of this Act [Sept 12, 1980]."