15 U.S.C. § 15: Suits by persons injured

whether such person 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; whether, in the course of the action involved, such person 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 whether such person 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. Except as provided in paragraph (2), any person who is a foreign state may not recover under subsection (a) an amount in excess of the actual damages sustained by it and the cost of suit, including a reasonable attorney’s fee. such foreign state would be denied, under section 1605(a)(2) of title 28 , immunity in a case in which the action is based upon a commercial activity, or an act, that is the subject matter of its claim under this section; such foreign state waives all defenses based upon or arising out of its status as a foreign state, to any claims brought against it in the same action; such foreign state engages primarily in commercial activities; and such foreign state does not function, with respect to the commercial activity, or the act, that is the subject matter of its claim under this section as a procurement entity for itself or for another foreign state. the term “commercial activity” shall have the meaning given it in section 1603(d) of title 28 , and the term “foreign state” shall have the meaning given it in section 1603(a) of title 28 .