---
kind: "range"
citation: "15 U.S.C. §§ 34–36"
title: "15"
from: "34"
to: "36"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/15/34..36"
---

# §34. Definitions applicable to sections 34 to 36


For purposes of [sections 34 to 36](/usc/15/34..36.md) of this title—

- (1) the term “local government” means—
  - (A) a city, county, parish, town, township, village, or any other general function governmental unit established by [State](/usc/15/15g.md?p=2) law, or
  - (B) a school district, sanitary district, or any other special function governmental unit established by [State](/usc/15/15g.md?p=2) law in one or more [States](/usc/15/15g.md?p=2),
- (2) the term “[person](/usc/15/78m.md?p=h-8-E)” has the meaning given it in subsection (a) of the first section of the Clayton Act [[15 U.S.C. 12(a)](/usc/15/12.md?p=a)], but does not include any [local government](#1) as defined in [paragraph (1)](#1) of this section, and
- (3) the term “[State](/usc/15/15g.md?p=2)” has the meaning given it in section 4G(2) of the Clayton Act ([15 U.S.C. 15g(2)](/usc/15/15g.md?p=2)).

# §35. Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity

- (a) **Prohibition in general—** 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](/usc/15/15.md), 15a, or 15c) from any [local government](/usc/15/34.md?p=1), or official or employee thereof acting in an official capacity.
- (b) **Preconditions for attachment of prohibition; prima facie evidence for nonapplication of prohibition—** [Subsection (a)](#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)](#a) shall not apply.

# §36. Recovery of damages, etc., for antitrust violations on claim against person based on official action directed by local government, or official or employee thereof acting in an official capacity

- (a) **Prohibition in general—** 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](/usc/15/15.md), 15a, or 15c) in any claim against a [person](/usc/15/78m.md?p=h-8-E) based on any official action directed by a [local government](/usc/15/34.md?p=1), or official or employee thereof acting in an official capacity.
- (b) **Nonapplication of prohibition for cases commenced before effective date of provisions—** [Subsection (a)](#a) shall not apply with respect to cases commenced before the effective date of this Act.