[111th Congress Public Law 190]
[From the U.S. Government Printing Office]
[[Page 124 STAT. 1275]]
Public Law 111-190
111th Congress
An Act
To amend the Antitrust Criminal Penalty Enhancement and Reform Act of
2004 to extend the operation of such Act, and for other
purposes. <<NOTE: June 9, 2010 - [H.R. 5330]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DELAY OF SUNSET.
Section 211(a) of the Antitrust Criminal Penalty Enhancement and
Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended--
(1) in subsection (a)--
(A) by inserting ``of this subtitle'' after ``214'';
and
(B) by striking ``6 years'' and inserting ``16
years''; and
(2) by amending subsection (b) to read as follows:
``(b) Exceptions.--With respect to--
``(1) a person who receives a marker on or before the date
on which the provisions of section 211 through 214 of this
subtitle shall cease to have effect that later results in the
execution of an antitrust leniency agreement; or
``(2) an applicant who has entered into an antitrust
leniency agreement on or before the date on which the provisions
of sections 211 through 214 of this subtitle shall cease to have
effect,
the provisions of sections 211 through 214 of this subtitle shall
continue in effect.''.
SEC. 2. DEFINITIONS.
Section 212 of the Antitrust Criminal Penalty Enhancement and Reform
Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) Marker.--The term `marker' means an assurance given by
the Antitrust Division to a candidate for corporate leniency
that no other company will be considered for leniency, for some
finite period of time, while the candidate is given an
opportunity to perfect its leniency application.''.
SEC. 3. TIMELINESS; COOPERATION AFTER TERMINATION OF STAY OR
PROTECTIVE ORDER.
(a) Timeliness.--Section 213(c) of the Antitrust Criminal Penalty
Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1
note) is amended to read as follows:
[[Page 124 STAT. 1276]]
``(c) Timeliness.--The court shall consider, in making the
determination concerning satisfactory cooperation described in
subsection (b), the timeliness of the applicant's or cooperating
individual's cooperation with the claimant.''.
(b) Cooperation After Termination of Stay or Protective Order.--
Section 213 of the Antitrust Criminal Penalty Enhancement and Reform Act
of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by adding at
the end the following--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Cooperation After Expiration of Stay or Protective Order.--If
the Antitrust Division does obtain a stay or protective order in a civil
action based on conduct covered by an antitrust leniency agreement, once
the stay or protective order, or a portion thereof, expires or is
terminated, the antitrust leniency applicant and cooperating individuals
shall provide without unreasonable delay any cooperation described in
paragraphs (1) and (2) of subsection (b) that was prohibited by the
expired or terminated stay or protective order, or the expired or
terminated portion thereof, in order for the cooperation to be deemed
satisfactory under such paragraphs.''.
SEC. 4. TECHNICAL CORRECTIONS.
Section 214 of the Antitrust Criminal Penalty Enhancement and Reform
Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended--
(1) in paragraph (1) by inserting ``of this subtitle'' after
``213(b)''; and
(2) in paragraph (3)--
(A) by inserting ``of this subtitle'' after
``213(a)'' the 1st place it appears; and
(B) by striking ``title'' and inserting
``subtitle''.
SEC. 5. GAO REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall submit, to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of the
Senate, a report on the effectiveness of the Antitrust Criminal Penalty
Enhancement and Reform Act of 2004, both in criminal investigation and
enforcement by the Department of Justice, and in private civil actions.
Such report should include study of, inter alia--
(1) the appropriateness of the addition of qui tam
proceedings to the antitrust leniency program; and
(2) the appropriateness of creating anti-retaliatory
protection for employees who report illegal anticompetitive
conduct.
SEC. 6. <<NOTE: 15 USC 1 note.>> EFFECTIVE DATE OF AMENDMENTS.
The amendments made by section 1 shall take effect immediately
before June 22, 2010.
SEC. 7. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
[[Page 124 STAT. 1277]]
Congressional Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Approved June 9, 2010.
LEGISLATIVE HISTORY--H.R. 5330:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
May 24, considered and passed House.
May 27, considered and passed Senate.
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