---
kind: "section"
citation: "15 U.S.C. § 36"
title: "15"
title_heading: "Commerce and Trade"
number: "36"
heading: "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"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/36"
units:
  - "Chapter 1 — Monopolies and Combinations in Restraint of Trade"
---

# §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

- (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](/usc/15/15.md), 15a, or 15c) in any claim against a [person](/usc/15/7a.md?p=6) based on any official action directed by a [local government](/usc/15/34.md?p=1), or official or employee thereof acting in an official capacity.
- (b) **Nonapplication of prohibition for cases commenced before effective date of provisions—** [Subsection (a)](#a) shall not apply with respect to cases commenced before the effective date of this Act.

## Source credit

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

## Notes

### 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.