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U.S. Code as of:
01/19/04
Section 35. Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity
(a) Prohibition in general
No damages, interest on damages, costs, or attorney's fees may be
recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C.
15, 15a, or 15c) from any local government, or official or employee
thereof acting in an official capacity.
(b) Preconditions for attachment of prohibition; prima facie
evidence for nonapplication of prohibition
Subsection (a) of this section shall not apply to cases commenced
before the effective date of this Act unless the defendant
establishes and the court determines, in light of all the
circumstances, including the stage of litigation and the
availability of alternative relief under the Clayton Act, that it
would be inequitable not to apply this subsection to a pending
case. In consideration of this section, existence of a jury
verdict, district court judgment, or any stage of litigation
subsequent thereto, shall be deemed to be prima facie evidence that
subsection (a) of this section shall not apply.
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