15 U.S.C. § 4303
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-
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-
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-
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.
Subsections (a), (b), and (c) shall not be construed to modify the liability under the antitrust laws of any person (other than a standards development organization) who-
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, or of a standards development activity engaged in by a standards development organization.
15 U.S.C. § 4303
EDITORIAL NOTES
AMENDMENTS2004-Subsecs. (a)(1), (b)(1), (c)(1). Pub. L. 108-237, §105(1), inserted ",or for a standards development activity engaged in by a standards development organization against which such claim is made" after "joint venture". Subsec. (e). Pub. L. 108-237, §105(3), added subsec. (e). Former subsec. (e) redesignated (f). Pub. L. 108-237, §105(2)(A), inserted ",or of a standards development activity engaged in by a standards development organization" before period at end. Subsec. (f). Pub. L. 108-237, §105(2)(B), redesignated subsec. (e) as (f).1993-Subsecs. (a) to (c). Pub. L. 103-42, §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, §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".
- joint venture
- The term "joint venture" means any group of activities, including attempting to make, making, or performing a contract, by two or more persons for the purpose of-(A) theoretical analysis, experimentation, or systematic study of phenomena or observable facts,(B) the development or testing of basic engineering techniques,(C) the extension of investigative findings or theory of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, prototypes, equipment, materials, and processes,(D) the production of a product, process, or service,(E) the testing in connection with the production of a product, process, or service by such venture,(F) the collection, exchange, and analysis of research or production information, or(G) any combination of the purposes specified in subparagraphs (A), (B), (C), (D), (E), and (F),and may include the establishment and operation of facilities for the conducting of such venture, the conducting of such venture on a protected and proprietary basis, and the prosecuting of applications for patents and the granting of licenses for the results of such venture, but does not include any activity specified in subsection (b).
- standards development activity
- The term "standards development activity" means any action taken by a standards development organization for the purpose of developing, promulgating, revising, amending, reissuing, interpreting, or otherwise maintaining a voluntary consensus standard, or using such standard in conformity assessment activities, including actions relating to the intellectual property policies of the standards development organization.
- standards development organization
- The term "standards development organization" means a domestic or international organization that plans, develops, establishes, or coordinates voluntary consensus standards using procedures that incorporate the attributes of openness, balance of interests, due process, an appeals process, and consensus in a manner consistent with the Office of Management and Budget Circular Number A-119, as revised February 10, 1998. The term "standards development organization" shall not, for purposes of this chapter, include the parties participating in the standards development organization.