((a)) ** Amount of recovery; prejudgment interest** Except as provided in subsection (b), any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only—

((1)) 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;

((2)) 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

((3)) 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.

((b)) ** Amount of damages payable to foreign states and instrumentalities of foreign states**

((1)) 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.

((2)) Paragraph (1) shall not apply to a foreign state if—

((A)) such foreign state would be denied, under , 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;

((B)) 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;

((C)) such foreign state engages primarily in commercial activities; and

((D)) 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.

((c)) ** Definitions** For purposes of this section—

((1)) the term “commercial activity” shall have the meaning given it in , and

((2)) the term “foreign state” shall have the meaning given it in .