LOCAL GOVERNMENT ANTITRUST ACT OF 1984 Public Law 98-544, as amended LOCAL GOVERNMENT ANTITRUST ACT OF 1984 544 98–544 Statute Compilation United States House of Representatives Office of the Legislative Counsel text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. GPO Statute Compilations USLM converter, version 20210527.1 2021-10-15 Local Government Antitrust Act of 1984 226 98 1984-10-24 LOCAL GOVERNMENT ANTITRUST ACT OF 1984 [Public Law 98-544] [Enacted October 24, 1984; 98 Stat. 2750] [As Amended Through P.L. 98–544, Enacted October 24, 1984] [Currency: This publication is a compilation of the text of Public Law 98-544. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/] [Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
An Actto clarify the application of the Clayton Act to the official conduct of local governments, and for other purposes.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be cited as the “Local Government Antitrust Act of 1984”.[15 U.S.C. 1 note]
Sec. 2. For purposes of this Act— (1) the term “local government” means— (A) a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or (B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States. (2) the term “person” has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(A)), but does not include any local government as defined in paragraph (1) of this section, and (3) the term “State” has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). [15 U.S.C. 34]
Sec. 3. (a) 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, 15a, or 15c) from any local government, or official or employee thereof acting in an official capacity. (b) Subsection (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) shall not apply. [15 U.S.C. 35]
Sec. 4. (a) 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, 15a, or 15c) in any claim against a person based on any official action directed by a local government, or official or employee thereof acting in an official capacity. (b) Subsection (a) shall not apply with respect to cases commenced before the effective date of this Act. [15 U.S.C. 36]
Sec. 5. Section 510 of the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1985 (Public Law 98–411), is repealed.
Sec. 6. This Act shall take effect thirty days before the date of the enactment of this Act.[15 U.S.C. 34 note]