Clayton Act

The Clayton Act is a federal law passed in 1914 as an amendment to the Sherman Act. The Clayton Act strengthened antitrust laws against anticompetitive and unfair trade practices.

Section 4 of the Clayton Act, 15 U.S.C. § 15, establishes treble (triple) damages for victorious plaintiffs, making antitrust lawsuits very attractive for plaintiffs. Juries are typically not told that their award of damages will be trebled.

Under the Clayton Act, the statute of limitations is four years for antitrust claims. 15 U.S.C. § 15(b). The limitations period does not begin until the damages are incurred and ascertainable. Every time a plaintiff is injured, a cause of action accrues and the statute of limitations runs from the commission of the act by the defendants.

Section 16 of the Clayton Act, 15 U.S.C. § 26, provides for injunctive relief.