(a) Protection from civil or criminal antitrust actions
Except as provided in subsection (b) of this section, no criminal or civil action may be brought under the antitrust laws against a person to whom a certificate of review is issued which is based on conduct which is specified in, and complies with the terms of, a certificate issued under section
4013 of this title which certificate was in effect when the conduct occurred.
(b) Special restraint of trade civil actions; time limitations; certificate governed conduct presumed in compliance; award of costs to successful defendant; suit by Attorney General
(1)Any person who has been injured as a result of conduct engaged in under a certificate of review may bring a civil action for injunctive relief, actual damages, the loss of interest on actual damages, and the cost of suit (including a reasonable attorney’s fee) for the failure to comply with the standards of section
4013(a) of this title. Any action commenced under this subchapter shall proceed as if it were an action commenced under section
26 of this title, except that the standards of section
4013(a) of this title and the remedies provided in this paragraph shall be the exclusive standards and remedies applicable to such action.
(2)Any action brought under paragraph (1) shall be filed within two years of the date the plaintiff has notice of the failure to comply with the standards of section
4013(a) of this title but in any event within four years after the cause of action accrues.
(3)In any action brought under paragraph (1), there shall be a presumption that conduct which is specified in and complies with a certificate of review does comply with the standards of section
4013(a) of this title.
(4)In any action brought under paragraph (1), if the court finds that the conduct does comply with the standards of section
4013(a) of this title, the court shall award to the person against whom the claim is brought the cost of suit attributable to defending against the claim (including a reasonable attorney’s fee).
(5)The Attorney General may file suit pursuant to section
25 of this title to enjoin conduct threatening clear and irreparable harm to the national interest.
Section effective Oct. 8, 1982, see section 312 ofPub. L. 97–290, set out as a note under section
4011 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.