Page:United States Statutes at Large Volume 98 Part 3.djvu/378

 98 STAT. 2750

PUBLIC LAW 98-544—OCT. 24, 1984

Public Law 98-544 98th Congress Oct. 24, 1984 [H.R. 6027] Local Government Antitrust Act of 1984. 15 USC 1 note. 15 USC 34.

15 USC 35.

15 USC 36.

An Act

To clarify the application of the Clayton Act to the official conduct of local governments, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Local Government Antitrust Act of 1984". SEC. 2. For purposes of this Act— (1) the term "local government" means— (A) a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or (B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States, (2) the term "person" has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(A)), but does not include any local government as defined in paragraph (1) of this section, and (3) the term "State" has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). SEC. 3. (a) 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) Subsection (a) 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) shall not apply. SEC. 4. (a) No damages, interest on damages, costs or attorney's fees may be recovered under section 4, 4A, or 4C of the Cla3rton Act (15 U.S.C. 15,15a, or 15c) in any claim against a person based on any official action directed by a local government, or official or employee thereof acting in an official capacity. (b) Subsection (a) shall not apply with respect to cases commenced before the effective date of this Act.

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