Federal Antitrust Laws

Some of the provisions which govern Federal Antitrust are: 15 USCS § 15(a), 15 USCS § 15(b) 15 USCS § 4, and 15 USCS § 21.  15 USCS § 15(a), deals with suits commenced by the United STates, and the amount of recovery for such suits. According to 15 USCS § 15(b) the period of limitation is four years.  15 USCS § 4, states the court’s jurisdiction to review an Antitrust cases, and the procedure to be followed by state attorneys general.  15 USCS § 21 lays down the enforcement provisions.

According to 15 USCS § 15 (a), a private person can bring an action under Antitrust laws, if he is injured in his property or business through an act forbidden by the Federal Antitrust laws.  However, under15 USCS § 15(b) a foreign state may not recover an amount in excess of damages, the cost of the suit, including a reasonable attorney’s fee.  Under 15 USCS § 15 (b) attorneys fees are allowed and a  private persons can recover attorney fees.  Some of the Federal Antitrust laws are stated below:

15 USCS § 15a reads in part:

“§ 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 therefore 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 ….”

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15 USCS § 15b reads:

“§ 15b.  Limitation of actions

Any action to enforce any cause of action under section 4, 4A, or 4C [15 USCS §§ 15, 15a, 15c] shall be forever barred unless commenced within four years after the cause of action accrued. No cause of action barred under existing law on the effective date of this Act shall be revived by this Act.”

15 USCS § 4 reads:

“§ 4.  Jurisdiction of courts; duty of United States attorneys; Procedure

The several circuit [district] courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act [15 USCS §§ 1 et seq.]; and it shall be the duty of the several district attorneys of the United States [United States attorneys], in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises.”


Inside Federal Antitrust Laws