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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 15 U.S.C. § 4304 Award of costs, including attorneys fees, to substantially prevailing party; offset us united_states_code code_section 15 COMMERCE AND TRADE 69 COOPERATIVE RESEARCH 4304 15 U.S.C. § 4304 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/s4304 data/legal/raw/us/code/title-15/usc15.xml cc939fe799413829318cbb77aa7ec7a60478ae3c9bde074e3b4b321a9d6cd780 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 c59171dbc2a40ba763b83d6f95de3401f0ae0545f318638d07810be88d86ea02 2026-07-04 official
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15 U.S.C. § 4304 - Award of costs, including attorneys fees, to substantially prevailing party; offset

Text

(a) Notwithstanding sections 15 and 26 of this title, in any claim under the antitrust laws, or any State law similar to the antitrust laws, based on the conducting of a joint venture, or of a standards development activity engaged in by a standards development organization, the court shall, at the conclusion of the action—

(1) award to a substantially prevailing claimant the cost of suit attributable to such claim, including a reasonable attorneys 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 attorneys fee, if the claim, or the claimants conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith.

(b) The award made under subsection (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 attorneys 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) and (b) shall not apply with respect to any person who—

(1) directly participates in a standards development activity with respect to which a violation of any of the antitrust laws is found,

(2) is not a fulltime employee of a standards development organization that engaged in such activity, and

(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.

(Pub. L. 98462, § 5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 10342, § 3(e)(2), June 10, 1993, 107 Stat. 119; Pub. L. 108237, title I, § 106, June 22, 2004, 118 Stat. 664.)

Notes

Editorial Notes

Amendments2004—Subsec. (a). Pub. L. 108237, § 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. 108237, § 106(2), added subsec. (c). 1993—Subsec. (a). Pub. L. 10342 substituted “joint venture” for “joint research and development venture” in introductory provisions.