15 U.S.C. § 4304

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 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, or of a standards development activity engaged in by a standards development organization, 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) 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.

(c) Subsections (a) and (b) shall not apply with respect to any person who-

(1) directly participates in a standards development activity with respect to which a violation of any of the antitrust laws is found,

(2) is not a fulltime employee of a standards development organization that engaged in such activity, and

(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.

15 U.S.C. § 4304

Pub. L. 98-462, §5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103-42, §3(e)(2), June 10, 1993, 107 Stat. 119; Pub. L. 108-237, title I, §106, June 22, 2004, 118 Stat. 664.

EDITORIAL NOTES

AMENDMENTS2004-Subsec. (a). Pub. L. 108-237, §106(1), inserted ", or of a standards development activity engaged in by a standards development organization" after "joint venture" in introductory provisions.Subsec. (c). Pub. L. 108-237, §106(2), added subsec. (c). 1993-Subsec. (a). Pub. L. 103-42 substituted "joint venture" for "joint research and development venture" in introductory provisions.

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.