§7a–2 — Title 15 Commerce and Trade | U.S. Code

Summary

The antitrust leniency rules do not take away three things. They do not stop the Antitrust Division from asking a court for a stay or protective order to keep cooperation from harming its investigation or prosecution. They do not give anyone a right to challenge the Division’s leniency decisions. They also do not change who can be held jointly and fully liable in a related civil case, except for the leniency applicant and cooperating individuals as already described.

Title 15, §7a–2

Commerce and Trade — Source: USLM XML via OLRC

Nothing in sections 7a to 7a–3 of this title shall be construed to—

(1)affect the rights of the Antitrust Division to seek a stay or protective order in a civil action based on conduct covered by an antitrust leniency agreement to prevent the cooperation described in section 7a–1(b) of this title from impairing or impeding the investigation or prosecution by the Antitrust Division of conduct covered by the agreement;

(2)create any right to challenge any decision by the Antitrust Division with respect to an antitrust leniency agreement; or

(3)affect, in any way, the joint and several liability of any party to a civil action described in section 7a–1(a) of this title, other than that of the antitrust leniency applicant and cooperating individuals as provided in section 7a–1(a) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 7a to 7a–3 of this title, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 211–216) of title II of Pub. L. 108–237, June 22, 2004, 118 Stat. 666, which enacted this section and section 7a, 7a–1, and 7a–3 of this title, amended section 1, 2, and 3 of this title, and enacted provisions formerly set out in a note under section 1 of this title. For complete classification of subtitle A to the Code, see Tables. Codification Section was formerly set out in a note under section 1 of this title, prior to transfer to this section upon repeal of sunset provision.

Amendments

2010—Par. (1). Pub. L. 111–190, § 4(1), made technical amendment to reference in original act which appears in text as reference to section 7a–1(b) of this title. Par. (3). Pub. L. 111–190, § 4(2), made technical amendment to references in original act which appear in two places in text as references to section 7a–1(a) of this title.

§7a–2 Rights, authorities, and liabilities not affected