A bill to amend the Clayton Act to modify the amount of damages payable to foreign states and instrumentalities of foreign states which sue for violations of the antitrust laws.

(Measure passed Senate, amended)

Amends the Clayton Act to limit the amount a foreign state may recover in a suit for damages resulting from an antitrust violation, to the amount of actual damages it sustained and the cost of the suit. Declares that such limitation shall not apply to any foreign state which: (1) would not be immune from the juridiction of U.S. courts with respect to an action arising out of the same violation; (2) waives all of its defenses as a foreign state to any claim brought against it in the same action; (3) engages primarily in commercial activities; and (4) does not function as a procurement entity for itself or another foreign state with respect to such violation.

Grants the Court of Claims jurisdiction over claims against the United States for losses sustained by producers, processors, manufacturers, distributors, or other persons resulting from the ban on children's sleepwear containing Tris phosphate.

Enumerates factors to be considered by the court in determining the validity of claims.

Prohibits any judgement in favor of a claimant or any settlement with a claimant under this Act, unless the claimant produces proof of the lawful disposal of the Tris-treated goods to which the claim pertains.

States that the amount of losses shall not include lost profits, distress sale proceeds, attorney fees, or interest on losses.

Prescribes the respective measure of losses for producers, converters, manufacturers, distributors, and retailers of Tris-treated goods.

Prohibits class action claims. Subrogates the United States to a successful claimants' rights to recover losses.

Bars claims under this Act unless begun within two years of enactment.

Prohibits a claim under this Act by any person who, on or after June 14, 1978, exported, or transferred to another person for export, any Tris-treated goods originally designed for use in the United States.

Requires the Attorney General to offset the amount of any payment for a claim under this Act by the amount of any unpaid loan or other amounts provided by the Small Business Administration to assist the claimant on account of losses resulting from the ban on Tris-treated goods.

Declares that nothing in this Act shall be construed as an admission of fault or liability for any personal injury claim to arise from exposure to Tris phosphate.