; and (ii) assisted the defendant in obtaining or retaining such business. (3) Measure of damages (A) In general The damages that a plaintiff may obtain in an action under this subsection may be equal to the higher of the two following amounts that are established by the plaintiff’s allegations and proof: (i) The total amount of the contract or agreement that the defendant gained in obtaining or retaining business by means of the violation of subsection (a). (ii) The total amount of the contract or agreement that the plaintiff failed to gain because of the defendant’s obtaining or retaining business by means of the violation of subsection (a). (B) Treble damages In assessing damages under subparagraph (A) , the court shall enter judgment for three times the amount determined under clause (i) or (ii) of such subparagraph (whichever is greater), together with a reasonable attorney's fee and costs, for the violation of subsection (a). (4) Exception for Routine Governmental Action The exception in subsection (b) shall apply to an action under this subsection. (5) Affirmative Defenses The affirmative defenses in subsection (c) shall apply to an action under this subsection. (6) Contribution Each person who becomes liable to make payment under this subsection may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment. (7) Statute of limitations No action may be maintained to enforce any liability created under this subsection unless brought within 3 years after the discovery of the facts constituting the cause of action and within 6 years after the cause of action accrued. (8) United States person defined In this subsection, the term United States person has the meaning given that term in subsection (i)(2). . (b) Prohibited foreign practices by other persons Section 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–3 ) is amended— (1) by redesignating subsection (f) as subsection (g)