---
kind: "section"
citation: "15 U.S.C. § 4304"
title: "15"
title_heading: "Commerce and Trade"
number: "4304"
heading: "Award of costs, including attorney’s fees, to substantially prevailing party; offset"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/4304"
units:
  - "Chapter 69 — Cooperative Research"
---

# §4304. Award of costs, including attorney’s fees, to substantially prevailing party; offset

- (a) Notwithstanding sections [15](/usc/15/15.md) and [26](/usc/15/26.md) of this title, in any claim 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), based on the conducting 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), the court shall, at the conclusion of the action—
  - (1) award to a substantially prevailing [claimant](/usc/15/7a.md?p=4) 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](/usc/15/7a.md?p=4)’s conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith.
- (b) The award made under [subsection (a)](#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)](#a) and [(b)](#b) shall not apply with respect to any [person](/usc/15/4301.md?p=a-4) who—
  - (1) directly 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 a [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.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

2004—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.