1994 US Code
Title 15 - COMMERCE AND TRADE
CHAPTER 69 - COOPERATIVE RESEARCH
Sec. 4304 - Award of costs, including attorney's fees, to substantially prevailing party; offset
View MetadataPublication Title | United States Code, 1994 Edition, Title 15 - COMMERCE AND TRADE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 15 - COMMERCE AND TRADE CHAPTER 69 - COOPERATIVE RESEARCH Sec. 4304 - Award of costs, including attorney's fees, to substantially prevailing party; offset |
Contains | section 4304 |
Date | 1994 |
Laws in Effect as of Date | January 4, 1995 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 98 462, §5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103 42, §3(e)(2), June 10, 1993, 107 Stat. 119. |
Statutes at Large References | 98 Stat. 1817 107 Stat. 119 |
§4304. Award of costs, including attorney's fees, to substantially prevailing party; offset
(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, 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 attorney's 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 attorney's fee, if the claim, or the claimant's conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith.
(b) The award made under subsection (a) of this section 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 attorney's 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.
(Pub. L. 98 462, §5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103 42, §3(e)(2), June 10, 1993, 107 Stat. 119.)
Amendments1993—Subsec. (a). Pub. L. 103 42 substituted “joint venture” for “joint research and development venture” in introductory provisions.
Section Referred to in Other SectionsThis section is referred to in section 4303 of this title.
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