republic-os/legal/us/code/title-15/chapter-1/section-15a.md

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LegalText	15 U.S.C. § 15a	Suits by United States; amount of recovery; prejudgment interest	us	united_states_code	code_section	15	COMMERCE AND TRADE	1	MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE	15a	15 U.S.C. § 15a	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip	/us/usc/t15/s15a	data/legal/raw/us/code/title-15/usc15.xml	583de8749590bb8773be6de307884f9168fdcfdbe8cbe1a270811f5864b5cfa0	6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059	96d7d6060dde00027c66791d5196ad75cb4d4a8bd7f2a71bf23af6bad017c0e6	2026-07-04	official	legal us-code

15 U.S.C. § 15a - Suits by United States; amount of recovery; prejudgment interest

Text

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 actual 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—

(1) 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;

(2) whether, in the course of the action involved, the United States or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings;

(3) whether the United States or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof; and

(4) whether the award of such interest is necessary to compensate the United States adequately for the injury sustained by the United States.

(Oct. 15, 1914, ch. 323, § 4A, as added July 7, 1955, ch. 283, § 1, 69 Stat. 282; amended Pub. L. 96–349, § 4(a)(2), Sept. 12, 1980, 94 Stat. 1156; Pub. L. 101–588, § 5, Nov. 16, 1990, 104 Stat. 2880.)

Notes

Editorial Notes

References in TextThe antitrust laws, referred to in text, are defined in section 12 of this title.

Amendments1990—Pub. L. 101–588 substituted “threefold the” for “actual”. 1980—Pub. L. 96–349 inserted provisions respecting award of prejudgment interest including considerations for the court in determining whether an award is just under the circumstances.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 AmendmentAmendment by Pub. L. 96–349 applicable only with respect to actions commenced after Sept. 12, 1980, see section 4(b) of Pub. L. 96–349, set out as a note under section 15 of this title.

Effective DateSection effective six months after July 7, 1955, see note set out under section 15b of this title.