Federal · Title 15 — Commerce and Trade

15 U.S.C. § 4304: Award of costs, including attorney’s fees, to substantially prevailing party; offset

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award to a substantially prevailing claimant the cost of suit attributable to such claim, including a reasonable attorney’s fee, or 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. The award made under subsection (a) 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. directly participates in a standards development activity with respect to which a violation of any of the antitrust laws is found, is not a fulltime employee of a standards development organization that engaged in such activity, and is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.

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