
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC4304]

 
                      TITLE 15--COMMERCE AND TRADE
 
                    CHAPTER 69--COOPERATIVE RESEARCH
 
Sec. 4304. Award of costs, including attorney's fees, to 
        substantially prevailing party; offset
        
    (a) Notwithstanding sections 15 and 26 of this title, in any claim 
under the antitrust laws, or any State law similar to the antitrust 
laws, based on the conducting of a joint venture, the court shall, at 
the conclusion of the action--
        (1) award to a substantially prevailing claimant the cost of 
    suit attributable to such claim, including a reasonable attorney's 
    fee, or
        (2) award to a substantially prevailing party defending against 
    any such claim the cost of suit attributable to such claim, 
    including a reasonable attorney's fee, if the claim, or the 
    claimant's conduct during the litigation of the claim, was 
    frivolous, unreasonable, without foundation, or in bad faith.

    (b) The award made under subsection (a) of this section may be 
offset in whole or in part by an award in favor of any other party for 
any part of the cost of suit, including a reasonable attorney's fee, 
attributable to conduct during the litigation by any prevailing party 
that the court finds to be frivolous, unreasonable, without foundation, 
or in bad faith.

(Pub. L. 98-462, Sec. 5, Oct. 11, 1984, 98 Stat. 1817; Pub. L. 103-42, 
Sec. 3(e)(2), June 10, 1993, 107 Stat. 119.)


                               Amendments

    1993--Subsec. (a). Pub. L. 103-42 substituted ``joint venture'' for 
``joint research and development venture'' in introductory provisions.

                  Section Referred to in Other Sections

    This section is referred to in section 4303 of this title.
