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Notes

15 U.S.C. §§ 34–36

3 sections in range

§34. Definitions applicable to sections 34 to 36

15 U.S.C. § 34

For purposes of sections 34 to 36 of this title—
(1)
the term “local government” means—
(A)
a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or
(B)
a school district, sanitary district, or any other special function governmental unit established by State law in one or more States,
(2)
the term “person” has the meaning given it in subsection (a) of the first section of the Clayton Act [15 U.S.C. 12(a)], but does not include any local government as defined in paragraph (1) of this section, and
(3)
the term “State” has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)).
Notes, amendments, and revision history

(Pub. L. 98–544, § 2, Oct. 24, 1984, 98 Stat. 2750.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–544, § 6, Oct. 24, 1984, 98 Stat. 2751, provided that: “This Act [enacting this section, sections 35 and 36 of this title, and provisions set out as a note under section 1 of this title] shall take effect thirty days before the date of the enactment of this Act [Oct. 24, 1984].”

§35. Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity

15 U.S.C. § 35

(a)
Prohibition in general— No damages, interest on damages, costs, or attorney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity.
(b)
Preconditions for attachment of prohibition; prima facie evidence for nonapplication of prohibition— Subsection (a) shall not apply to cases commenced before the effective date of this Act unless the defendant establishes and the court determines, in light of all the circumstances, including the stage of litigation and the availability of alternative relief under the Clayton Act, that it would be inequitable not to apply this subsection to a pending case. In consideration of this section, existence of a jury verdict, district court judgment, or any stage of litigation subsequent thereto, shall be deemed to be prima facie evidence that subsection (a) shall not apply.
Notes, amendments, and revision history

(Pub. L. 98–544, § 3, Oct. 24, 1984, 98 Stat. 2750.)

Editorial Notes

References in Text

For the effective date of this Act, referred to in subsec. (b), see Effective Date note below.

The Clayton Act, referred to in subsecs. (a) and (b), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of this title and to sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective thirty days before Oct. 24, 1984, see section 6 of Pub. L. 98–544, set out as a note under section 34 of this title.

§36. Recovery of damages, etc., for antitrust violations on claim against person based on official action directed by local government, or official or employee thereof acting in an official capacity

15 U.S.C. § 36

(a)
Prohibition in general— No damages, interest on damages, costs or attorney’s fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) in any claim against a person based on any official action directed by a local government, or official or employee thereof acting in an official capacity.
(b)
Nonapplication of prohibition for cases commenced before effective date of provisions— Subsection (a) shall not apply with respect to cases commenced before the effective date of this Act.
Notes, amendments, and revision history

(Pub. L. 98–544, § 4, Oct. 24, 1984, 98 Stat. 2750.)

Editorial Notes

References in Text

For effective date of this Act, referred to in subsec. (b), see Effective Date note below.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective thirty days before Oct. 24, 1984, see section 6 of Pub. L. 98–544, set out as a note under section 34 of this title.