Page:United States Statutes at Large Volume 90 Part 1.djvu/1446

 90 STAT. 1396 i *:,

PUBLIC LAW 94-435—SEPT. 30, 1976 available to him, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action under this Act. "DEFINITIONS

15 USC 15g.

«SEC. 4 G.

For the purposes of sections 4C, 4D, 4E, and 4F of this

Act: "(1) The term 'State attorney general' means the chief legal officer of a State, or any other person authorized by State law to bring actions under section 4C of this Act, and includes the Corporation Counsel of the District of Columbia, except that such term does not include any person employed or retained on— " (A) a contingency fee based on a percentage of the monetary relief awarded under this section; or ' (B) any other contingency fee basis, unless the amount of the award of a reasonable attorney's fee to a prevailing plaintiff is determined by the court under section 4C(d)(1). "(2) The term 'State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. "(3) The term 'natural persons' does not include proprietorships or partnerships.



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15 USC 15h.

"APPLICABILITT OF PARENS PATRIAE ACTIONS

"SEC. 4 H. Sections 4C, 4D, 4E, 4F, and 4G shall apply in any State, unless such State provides by law for its nonapplicability in such State.". CONFORMING AMENDMENTS

SEC. 302. The Clayton Act (15 U.S.C. 12 et seq.), is amended— (1) in section 4B (15 U.S.C. 15b), by striking out "sections 4 or 4A" and inserting in lieu thereof "section 4, 4A, or 4C"; (2) in section 5(i) (15 U.S.C. 16(i)), by striking out "private right of action" and inserting in lieu thereof "private or State right of action"; and by striking out "section 4" and inserting in lieu thereof "section 4 or 4C"; and (3) by adding at the end of section 16 (15 U.S.C. 26) the following: "In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney's fee, to such plaintiff.". CONSOLIDATION

28 USC 1404.

Ante, p. 1394.

SEC. 303. Section 1407 of title 28, United States Code, is amended by adding at the end thereof the following new section: "(h) Notwithstanding the provisions of section 1404 or subsection (f) of this section, the judicial panel on multidistrict litigation may consolidate and transfer with or without the consent of the parties, for both pretrial purposes and for trial, any action brought under section 4C of the Clayton Act. EFFECTIVE DATE

15 USC 15c note.

SEC. 304. The amendments to the Clayton Act made by section 301 of this Act shall not apply to any injury sustained prior to the date of enactment of this Act.

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