Page:United States Statutes at Large Volume 94 Part 1.djvu/1207

 PUBLIC LAW 96-349—SEPT. 12, 1980

94 STAT. 1157

sanctions for dilatory behavior or otherwise providing for expeditious proceedings; "(3) whether the United States or the opposing party, or either party's representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof; and "(4) whether the award of such interest is necessary to compensate the United States adequately for the injury sustained by the United States.". (3) Section 4C(a)(2) of the Clayton Act (15 U.S.C. 15c(a)(2)) is amended by adding at the end thereof the following new sentences: "The court may award under this paragraph, pursuant to a motion by such State promptly made, simple interest on the total damage for the period beginning on the date of service of such State's pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this paragraph for any period is just in the circumstances, the court shall consider only— "(A) whether such State or the opposing party, or either party's representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay or otherwise acted in bad faith; "(B) whether, in the course of the action involved, such State or the opposing party, or either party's representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and "(C) whether such State or the opposing party, or either party's representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof". (b) The amendments made by this section shall apply only with respect to actions commenced after the date of the enactment of this Act.

Award to States.

Eligibility.

Effective date. 15 USC 15 note.

APPLICATION OF COLLATERAL ESTOPPEL

SEC, 5. (a) Section 5(a) of the Clayton Act (15 U.S.C. 16(a)) is amended— (1) by striking out "or by the United States under section 4A,"; (2) by striking out "or to judgments or decrees entered in actions under section 4A"; and (3) by inserting at the end thereof the following new sentence: "Nothing contained in this section shall be construed to impose any limitation on the application of collateral estoppel, except that, in any action or proceeding brought under the antitrust laws, collateral estoppel effect shall not be given to any finding made by the Federal Trade Commission under the antitrust laws or under section 5 of the Federal Trade Commission Act which is use 45 could give rise to a claim for relief under the antitrust laws.". (b) The amendments made by this section shall not apply with 15 USC 16 respect to any actions brought by or on behalf of the United States note. under the antitrust laws before the date of the enactment of this Act. MERGER JURISDICTION

SEC. 6. (a) Section 7 of the Clayton Act (15 U.S.C. 18) is amended—

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