PRIA, Government Policy, Made Personal

Summary

Keeps three limits about antitrust leniency and civil cases. First, the Antitrust Division can still ask a court to pause a civil case or protect evidence so cooperation from a leniency deal won’t hurt its criminal investigation or prosecution. Second, people do not get any new right to challenge the Division’s decisions about a leniency deal. Third, holding multiple defendants jointly and fully responsible for damages stays the same, 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