1.
§ 4 Clayton Act, 15 U.S.C. § 15
Suits by persons injured
(a) Amount of recovery; prejudgment interest
Except as provided in subsection (b) of this
section, any person who shall be injured in his business or property by reason
of anything forbidden in the antitrust laws may sue therefor in any district
court of the United States in the district in which the defendant resides or is
found or has an agent, without respect to the amount in controversy, and shall
recover threefold the damages by him sustained, and the cost of suit, including
a reasonable attorney's fee. The court may award under this section, pursuant
to a motion by such person promptly made, simple interest on actual damages for
the period beginning on the date of service of such person's pleading setting
forth a claim under the antitrust laws and ending on the date of judgment, or
for any shorter period therein, if the court finds that the award of such
interest for such period is just in the circumstances. In determining whether
an award of interest under this section for any period is just in the
circumstances, the court shall consider only--
1.
whether such person or the opposing party, or either party's
representative, made motions or asserted claims or defenses so lacking in merit
as to show that such party or representative acted intentionally for delay, or
otherwise acted in bad faith;
(b) Amount of damages payable to foreign states
and instrumentalities of foreign states
4.
Except as provided in paragraph (2), any person who is a
foreign state may not recover under subsection (a) of this section an amount in
excess of the actual damages sustained by it and the cost of suit, including a
reasonable attorney's fee.
A.
such foreign state would be denied, under section 1605(a) (2)
of Title 28, immunity in a case in which the action is based upon a commercial
activity, or an act, that is the subject matter of its claim under this
section;
(c) Definitions
For purposes of this section--
6.
the term "commercial activity" shall have the
meaning given it in section 1603(d) of Title 28, and
§ 4A Clayton Act, 15 U.S.C. § 15a
Suits by United States; amount of recovery;
prejudgment interest
Whenever the United States is hereafter injured in
its business or property by reason of anything forbidden in the antitrust laws
it may sue therefor in the United States district court for the district in
which the defendant resides or is found or has an agent, without respect to the
amount in controversy, and shall recover threefold the damages by it sustained
and the cost of suit. The court may award under this section, pursuant to a
motion by the United States promptly made, simple interest on threefold the
damages for the period beginning on the date of service of the pleading of the
United States setting forth a claim under the antitrust laws and ending on the
date of judgment, or for any shorter period therein, if the court finds that
the award of such interest for such period is just in the circumstances. In
determining whether an award of interest under this section for any period is
just in the circumstances, the court shall consider only--
8.
whether the United States or the opposing party, or either
party's representative, made motions or asserted claims or defenses so lacking
in merit as to show that such party or representative acted intentionally for
delay or otherwise acted in bad faith;