Public Law 119-88 (05/04/2026)

15 U.S.C. § 4016

Protection conferred by certificate of review

(a)

Protection from civil or criminal antitrust actions

section 4013 of this titleExcept as provided in subsection (b), no criminal or civil action may be brought under the antitrust laws against a person to whom a certificate of review is issued which is based on conduct which is specified in, and complies with the terms of, a certificate issued under which certificate was in effect when the conduct occurred.

(b)

Special restraint of trade civil actions; time limitations; certificate governed conduct presumed in compliance; award of costs to successful defendant; suit by Attorney General

(1)
section 4013(a) of this titlesection 26 of this titlesection 4013(a) of this title Any person who has been injured as a result of conduct engaged in under a certificate of review may bring a civil action for injunctive relief, actual damages, the loss of interest on actual damages, and the cost of suit (including a reasonable attorney’s fee) for the failure to comply with the standards of . Any action commenced under this subchapter shall proceed as if it were an action commenced under section 15 or , except that the standards of and the remedies provided in this paragraph shall be the exclusive standards and remedies applicable to such action.
(2)
section 4013(a) of this title Any action brought under paragraph (1) shall be filed within two years of the date the plaintiff has notice of the failure to comply with the standards of but in any event within four years after the cause of action accrues.
(3)
section 4013(a) of this title In any action brought under paragraph (1), there shall be a presumption that conduct which is specified in and complies with a certificate of review does comply with the standards of .
(4)
section 4013(a) of this title In any action brought under paragraph (1), if the court finds that the conduct does comply with the standards of , the court shall award to the person against whom the claim is brought the cost of suit attributable to defending against the claim (including a reasonable attorney’s fee).
(5)
section 25 of this title The Attorney General may file suit pursuant to to enjoin conduct threatening clear and irreparable harm to the national interest.

Pub. L. 97–290, title III, § 30696 Stat. 1243 (, , .)

Statutory Notes and Related Subsidiaries

Effective Date

section 312 of Pub. L. 97–290section 4011 of this titleSection effective , see , set out as a note under .