---
kind: "section"
citation: "15 U.S.C. § 4303"
title: "15"
title_heading: "Commerce and Trade"
number: "4303"
heading: "Limitation on recovery"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/4303"
units:
  - "Chapter 69 — Cooperative Research"
---

# §4303. Limitation on recovery

- (a) **Amount recoverable—** Notwithstanding [section 15 of this title](/usc/15/15.md) and in lieu of the relief specified in such section, any [person](/usc/15/4301.md?p=a-4) who is entitled to recovery on a claim under such section shall recover the actual damages sustained by such [person](/usc/15/4301.md?p=a-4), interest calculated at the rate specified in [section 1961 of title 28](/usc/28/1961.md) on such actual damages as specified in [subsection (d)](#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](/usc/15/4304.md) if such claim—
  - (1) results from conduct that is within the scope of a notification that has been filed under [section 4305(a) of this title](/usc/15/4305.md?p=a) for a [joint venture](/usc/15/4301.md?p=a-6), or for a [standards development activity](/usc/15/4301.md?p=a-7) engaged in by a [standards development organization](/usc/15/4301.md?p=a-8) against which such claim is made, and
  - (2) is filed after such notification becomes effective pursuant to [section 4305(c) of this title](/usc/15/4305.md?p=c).
- (b) **Recovery by States—** Notwithstanding [section 15c of this title](/usc/15/15c.md), and in lieu of the relief specified in such section, any [State](/usc/15/4301.md?p=a-5) that is entitled to monetary relief on a claim under such section shall recover the total damage sustained as described in [subsection (a)(1)](/usc/15/15c.md?p=a-1) of such section, interest calculated at the rate specified in [section 1961 of title 28](/usc/28/1961.md) on such total damage as specified in [subsection (d)](#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](/usc/15/15c.md) if such claim—
  - (1) results from conduct that is within the scope of a notification that has been filed under [section 4305(a) of this title](/usc/15/4305.md?p=a) for a [joint venture](/usc/15/4301.md?p=a-6), or for a [standards development activity](/usc/15/4301.md?p=a-7) engaged in by a [standards development organization](/usc/15/4301.md?p=a-8) against which such claim is made, and
  - (2) is filed after such notification becomes effective pursuant to [section 4305(c) of this title](/usc/15/4305.md?p=c).
- (c) **Conduct similar under State law—** Notwithstanding any provision of any [State](/usc/15/4301.md?p=a-5) law providing damages for conduct similar to that forbidden by the [antitrust laws](/usc/15/4301.md?p=a-1), any [person](/usc/15/4301.md?p=a-4) who is entitled to recovery on a claim under such provision shall not recover in excess of the actual damages sustained by such [person](/usc/15/4301.md?p=a-4), interest calculated at the rate specified in [section 1961 of title 28](/usc/28/1961.md) on such actual damages as specified in [subsection (d)](#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](/usc/15/4304.md) if such claim—
  - (1) results from conduct that is within the scope of a notification that has been filed under [section 4305(a) of this title](/usc/15/4305.md?p=a) for a [joint venture](/usc/15/4301.md?p=a-6), or for a [standards development activity](/usc/15/4301.md?p=a-7) engaged in by a [standards development organization](/usc/15/4301.md?p=a-8) against which such claim is made, and
  - (2) is filed after notification has become effective pursuant to [section 4305(c) of this title](/usc/15/4305.md?p=c).
- (d) **Interest—** 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.
- (e) **Rule of construction—** Subsections [(a)](#a), [(b)](#b), and [(c)](#c) shall not be construed to modify the liability under the [antitrust laws](/usc/15/4301.md?p=a-1) of any [person](/usc/15/4301.md?p=a-4) (other than a [standards development organization](/usc/15/4301.md?p=a-8)) who—
  - (1) directly (or through an employee or agent) participates in a [standards development activity](/usc/15/4301.md?p=a-7) with respect to which a violation of any of the [antitrust laws](/usc/15/4301.md?p=a-1) is found,
  - (2) is not a fulltime employee of the [standards development organization](/usc/15/4301.md?p=a-8) that engaged in such activity, and
  - (3) is, or is an employee or agent of a [person](/usc/15/4301.md?p=a-4) who is, engaged in a line of commerce that is likely to benefit directly from the operation of the [standards development activity](/usc/15/4301.md?p=a-7) with respect to which such violation is found.
- (f) **Applicability—** This section shall be applicable only if the challenged conduct of a [person](/usc/15/4301.md?p=a-4) 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](/usc/15/4301.md?p=a-1) or any [State](/usc/15/4301.md?p=a-5) law similar to the [antitrust laws](/usc/15/4301.md?p=a-1) challenging such conduct as part of a [joint venture](/usc/15/4301.md?p=a-6), or of a [standards development activity](/usc/15/4301.md?p=a-7) engaged in by a [standards development organization](/usc/15/4301.md?p=a-8).

## Source credit

(Pub. L. 98–462, § 4, Oct. 11, 1984, 98 Stat. 1816; Pub. L. 103–42, § 3(e)(1), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 105, June 22, 2004, 118 Stat. 663.)

## Notes

### Editorial Notes

### Amendments

2004—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”.