15 U.S.C. § 4304

Award of costs, including attorney’s fees, to substantially prevailing party; offset

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(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 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) 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.(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. 98–462, § 5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103–42, § 3(e)(2), June 10, 1993, 107 Stat. 119; Pub. L. 108–237, title I, § 106, June 22, 2004, 118 Stat. 664.)Editorial NotesAmendments

2004—Subsec. (a). Pub. L. 108–237, § 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. 108–237, § 106(2), added subsec. (c).

1993—Subsec. (a). Pub. L. 103–42 substituted “joint venture” for “joint research and development venture” in introductory provisions.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1985–2025 · leading case: Marx v. Gen. Revenue Corp., 668 F.3d 1174 (10th Cir. 2011).

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Marx v. Gen. Revenue Corp., 668 F.3d 1174 (10th Cir. 2011). · cites it 2× “§ 78u(h)(8) ("the court shall award the costs of the action and attorney's fees to the Commission if the presiding judge or magistrate judge finds that the customer's claims were made in bad faith"); 15 U.S.C. § 4304 (a)(1) (the court shall "award to a substantially prevailing…”

Marek v. Chesny, 473 U.S. 1 (1985). “1817 , 15 U. S. C. §§ 4304 (a) and (b) (1982 ed.”

Leon E. Cooper v. Salomon Bros. Inc., 1 F.3d 82 (2d Cir. 1993). “, 15 U.S.C. § 4304 (a)(1), some statutes allow them only in the discretion of the court, see, e.”

Kenny A. Ex Rel. Winn v. Perdue, 547 F.3d 1319 (11th Cir. 2008). · cites it 2× “§ 4016 (b)(1) & (4); National Cooperative Research Act of 1984, 15 U.S.C. § 4304 (a)(1) & (b); National Historic Preservation Act Amendments of 1980, 16 U.”

Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc., 190 F. Supp. 2d 407 (E.D.N.Y 2002). “15 U.S.C. § 4304 (2001); trademark laws, 15 U.”

Osterhaus Pharmacy Inc. v. CVS Health Corp. (D. Ariz. 2024). “68 at 11 (citing 15 U.S.C. § 4304 (a)).) Thus, 26 Plaintiffs’ argument that the arbitration agreement’s fee-shifting provision unconscionably 27 chills the enforcement of their rights is consistent with Ninth Circuit precedent.”

United States v. Ross (2d Cir. 2025). “For example, in the civil forfeiture proceeding here at issue, the “parties” were the United States as plaintiff and sums of seized monies as defendants-in-rem.”

Kenny A. v. Sonny Perdue (11th Cir. 2008). “§ 4016 (b)(1) & (4); National Cooperative Research Act of 1984, 15 U.S.C. § 4304 (a)(1) & (b); 47 National Historic Preservation Act Amendments of 1980, 16 U.”

— 15 U.S.C. § 4304(a)(1) — 1 case

Kenny A. Ex Rel. Winn v. Perdue, 547 F.3d 1319 (11th Cir. 2008). “§ 4016 (b)(1) & (4); National Cooperative Research Act of 1984, 15 U.S.C. § 4304 (a)(1) & (b); National Historic Preservation Act Amendments of 1980, 16 U.”

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