Federal Reimbursement from State Antitrust Settlement Proceeds

A decision was requested on the validity of a Federal Highway Administration demand for a share in an antitrust action settlement received by the California Department of Transportation. Although the federal government declined to share costs of litigation, it is entitled to a share of the settlement for actual damages, but not for treble damages. This share may be applied to other allowable costs from the periods covered by the settlement if the full percentage of the federal share was not used during these periods.