I

104TH CONGRESS

1ST SESSION H. R. 1641

To supersede the Modification of Final Judgment entered August 24, 1982,

in the antitrust action styled United States v. Western Electric, Civil

Action No. 82–0192, United States District Court for the District of

Columbia; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1995

Mr. CONYERS introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To supersede the Modification of Final Judgment entered

August 24, 1982, in the antitrust action styled United

States v. Western Electric, Civil Action No. 82–0192,

United States District Court for the District of Columbia; and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Antitrust Reform Act

5 of 1995’’.
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1 SEC. 2. AUTHORIZATION FOR BELL OPERATING COMPANY

2 TO ENTER COMPETITIVE LINES OF BUSINESS.

3 (a) APPLICATION.—

4 (1) IN GENERAL.—After the applicable date

5 specified in paragraph (2), a Bell operating company

6 may apply to the Attorney General for authorization,

7 notwithstanding the Modification of Final Judg8 ment—

9 (A) to provide alarm monitoring services,

10 or

11 (B) to provide interexchange telecommuni12 cations services.

13 The application shall describe with particularity the

14 nature and scope of the activity, and of each product

15 market or service market, and each geographic mar16 ket, for which authorization is sought.

17 (2) APPLICABLE DATES.—For purposes of

18 paragraph (1), the applicable date after which a Bell

19 operating company may apply for authorization shall

20 be—

21 (A) the date of the enactment of this Act,

22 with respect to providing interexchange tele23 communications services, and

24 (B) the date that occurs 66 months after

25 the date of the enactment of this Act, with re26 spect to providing alarm monitoring services.
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1 (3) PUBLICATION.—Not later than 10 days

2 after receiving an application made under paragraph

3 (1), the Attorney General shall publish the applica4 tion in the Federal Register.

5 (b) DETERMINATION BY THE ATTORNEY GEN6 ERAL.—

7 (1) COMMENT PERIOD.—Not later than 45 days

8 after an application is published under subsection

9 (a)(3), interested persons may submit written com10 ments to the Attorney General regarding the appli11 cation. Submitted comments shall be available to the

12 public.

13 (2) DETERMINATIONS.—(A) After the time for

14 comment under paragraph (1) has expired, but not

15 later than 180 days after receiving an application

16 made under subsection (a)(1), the Attorney General

17 shall issue a written determination with respect to

18 granting the authorization for which the Bell operat19 ing company has applied.

20 (B) Such determination shall be based on a pre21 ponderance of the evidence.

22 (C) Any person who would be threatened with

23 loss or damage as a result of the approval of the au24 thorization requested shall be permitted to partici-
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1 pate as a party in the proceeding on which the de2 termination is based.

3 (D) The Attorney General shall approve the

4 granting of the authorization requested in the appli5 cation only to the extent that the Attorney General

6 finds that there is no substantial possibility that

7 such company or its affiliates could use monopoly

8 power to impede competition in the market such

9 company seeks to enter. The Attorney General shall

10 deny the remainder of the requested authorization.

11 (E) A determination that approves the granting

12 of any part of a requested authorization shall de13 scribe with particularity the nature and scope of the

14 activity, and of each product market or service mar15 ket, and each geographic market, to which approval

16 applies.

17 (3) PUBLICATION.—Not later than 10 days

18 after issuing a determination under paragraph (2),

19 the Attorney General shall publish in the Federal

20 Register a brief description of the determination.

21 (4) FINALITY.—A determination made under

22 paragraph (2) shall be final unless a civil action with

23 respect to such determination is timely commenced

24 under subsection (c)(1).
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1 (5) AUTHORIZATION GRANTED.—A requested

2 authorization is granted to the extent that—

3 (A)(i) the Attorney General approves

4 under paragraph (2) the granting of the au5 thorization, and

6 (ii) the approval is not vacated or reversed

7 as a result of judicial review authorized by sub8 section (c), or

9 (B) as a result of such judicial review of

10 such determination, the Attorney General ap11 proves the granting of the requested authoriza12 tion.

13 (c) JUDICIAL REVIEW.—

14 (1) COMMENCEMENT OF ACTION.—Not later

15 than 45 days after a determination by the Attorney

16 General is published under subsection (b)(3), the

17 Bell operating company that applied to the Attorney

18 General under subsection (a), or any person who

19 would be threatened with loss or damage as a result

20 of the determination regarding such company’s en21 gaging in the activity described in such company’s

22 application, may commence an action in the United

23 States Court of Appeals for the District of Columbia

24 Circuit against the Attorney General for judicial re25 view of the determination regarding the application.
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1 (2) CERTIFICATION OF RECORD.—As part of

2 the answer to the complaint, the Attorney General

3 shall file in such court a certified copy of the record

4 upon which the determination is based.

5 (3) CONSOLIDATION OF ACTIONS.—The court

6 shall consolidate for judicial review all actions com7 menced under this subsection with respect to the ap8 plication.

9 (4) JUDGMENT.—(A) The court shall enter a

10 judgment after reviewing the determination in ac11 cordance with section 706 of title 5 of the United

12 States Code.

13 (B) A judgment—

14 (i) affirming any part of the determination

15 that approves granting all or part of the re16 quested authorization, or

17 (ii) reversing any part of the determination

18 that denies all or part of the requested author19 ization,

20 shall describe with particularity the nature and

21 scope of the activity, and of each product market or

22 service market, and each geographic market, to

23 which the affirmance or reversal applies.
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1 SEC. 3. AUTHORIZATION AS PREREQUISITE.

2 (a) PREREQUISITE.—Until a Bell operating company

3 is so authorized in accordance with section 2, it shall be

4 unlawful for such company, directly or through an affili5 ated enterprise, to engage in an activity described in sec6 tion 2(a)(1).

7 (b) GENERAL EXCEPTIONS.—Except with respect to

8 providing alarm monitoring services, subsection (a) shall

9 not prohibit a Bell operating company from engaging, at

10 any time after the date of the enactment of this Act in

11 any activity as authorized by an order entered by the Unit12 ed States District Court for the District of Columbia pur13 suant to section VII or VIII(C) of the Modification of

14 Final Judgment, if—

15 (1) such order was entered on or before the

16 date of the enactment of this Act, or

17 (2) a request for such authorization was pend18 ing before such court on the date of the enactment

19 of this Act.

20 (c) EXCEPTIONS FOR INCIDENTAL SERVICES.—Sub21 section (a) shall not prohibit a Bell operating company,

22 at any time after the date of the enactment of this Act,

23 from providing interexchange telecommunications services

24 for the purpose of—
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1 (1)(A) providing audio programming, video pro2 gramming, or other programming services to sub3 scribers to such services of such company,

4 (B) providing the capability for interaction by

5 such subscribers to select or respond to such audio

6 programming, video programming, or other pro7 gramming services, or

8 (C) providing to distributors audio program9 ming or video programming that such company

10 owns, controls, or is licensed by the copyright owner

11 of such programming, or by an assignee of such

12 owner, to distribute,

13 (2) providing a telecommunications service,

14 using the transmission facilities of a cable system

15 that is an affiliate of such company, between ex16 change areas within a cable system franchise area in

17 which such company is not, on the date of the enact18 ment of this Act, a provider of wireline telephone ex19 change service,

20 (3) providing commercial mobile services in ac21 cordance with existing law,

22 (4) providing a service that permits a customer

23 that is located in one exchange area to retrieve

24 stored information from, or file information for stor-
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1 age in, information storage facilities of such com2 pany that are located in another exchange area,

3 (5) providing signaling information used in con4 nection with the provision of exchange services to a

5 local exchange carrier that, together with any affili6 ated local exchange carriers, has aggregate annual

7 revenues of less than $100,000,000, or

8 (6) providing network control signaling infor9 mation to, and receiving such signaling information

10 from, interexchange carriers at any location within

11 the area in which such company provides exchange

12 services or exchange access.

13 SEC. 4. LIMITATIONS ON MANUFACTURING AND PROVID14 ING EQUIPMENT.

15 (a) ABSOLUTE LIMITATION.—Until the expiration of

16 the 1-year period beginning on the date of the enactment

17 of this Act, it shall be unlawful for a Bell operating com18 pany, directly or through an affiliated enterprise, to manu19 facture or provide telecommunications equipment, or to

20 manufacture customer premises equipment.

21 (b) QUALIFIED LIMITATION.—

22 (1) REQUIRED CONDITIONS.—After the expira23 tion of the 1-year period beginning on the date of

24 the enactment of this Act, it shall be lawful for a

25 Bell operating company, directly or through an af-
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1 filiated enterprise, to manufacture or provide tele2 communications equipment, or to manufacture cus3 tomer premises equipment, to the extent described in

4 a notification to the Attorney General that meets the

5 requirements of paragraph (2) and only if—

6 (A) such company submits to the Attorney

7 General, at any time after the date of the en8 actment of this Act, the notification described

9 in paragraph (2) and such additional material

10 and information described in such paragraph as

11 the Attorney General may request, and complies

12 with the waiting period specified in paragraph

13 (3), and

14 (B)(i) the waiting period specified in para15 graph (3) expires without the commencement of

16 a civil action by the Attorney General in accord17 ance with paragraph (4) to enjoin such com18 pany from engaging in the activity described in

19 such notification, or

20 (ii) before the expiration of such waiting

21 period, the Attorney General notifies such com22 pany in writing that the Attorney General does

23 not intend to commence such a civil action with

24 respect to such activity.
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1 (2) NOTIFICATION.—The notification required

2 by paragraph (1) shall be in such form and shall

3 contain such documentary material and information

4 relevant to the proposed activity as is necessary and

5 appropriate for the Attorney General to determine

6 whether there is no substantial possibility that such

7 company or its affiliates could use monopoly power

8 to impede competition in the market such company

9 seeks to enter for such activity.

10 (3) WAITING PERIOD.—The waiting period re11 ferred to in paragraph (1) is the 1-year period be12 ginning on the date the notification required by such

13 paragraph is received by the Attorney General.

14 (4) CIVIL ACTION.—Not later than 1 year after

15 receiving a notification required by paragraph (1),

16 the Attorney General may commence a civil action in

17 an appropriate district court of the United States to

18 enjoin the Bell operating company from engaging in

19 the activity described in such notification, if the At20 torney General determines that there is a substantial

21 possibility that such company or its affiliates could

22 use monopoly power to impede competition in the

23 market it seeks to enter with respect to such activ24 ity.
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1 (c) EXCEPTION FOR PREVIOUSLY AUTHORIZED AC2 TIVITIES.—Subsections (a) and (b) shall not prohibit a

3 Bell operating company from engaging, at any time after

4 the date of the enactment of this Act, in any activity as

5 authorized by an order entered by the United States Dis6 trict Court for the District of Columbia pursuant to sec7 tion VII or VIII(C) of the Modification of Final Judg8 ment, if—

9 (1) such order was entered on or before the

10 date of the enactment of this Act, or

11 (2) a request for such authorization was pend12 ing before such court on the date of the enactment

13 of this Act.

14 SEC. 5. PROHIBITIONS.

15 (a) ANTICOMPETITIVE DISCRIMINATION.—A Bell op16 erating company with monopoly power in any exchange

17 service market that is engaged (directly or through an af18 filiated enterprise) in an activity described in section

19 2(a)(1) or 4(a) shall not discriminate, in any relevant mar20 ket, between itself or an affiliated enterprise and any other

21 person, or between any 2 such other persons, with respect

22 to any product or service related to the provision or use

23 of a telecommunications service if the effect of such dis24 crimination may be to substantially lessen competition, or

25 to tend to create a monopoly, in any line of commerce.
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1 (b) ANTICOMPETITIVE CROSS-SUBSIDIES.—A Bell

2 operating company with monopoly power in any exchange

3 service market shall not use (directly or indirectly) pro4 ceeds obtained from providing exchange service in such

5 market to subsidize, in any relevant market, an activity

6 described in section 2(a)(1) or 4(a) if the effect of such

7 subsidization may be to substantially lessen competition,

8 or to tend to create a monopoly, in any line of commerce.

9 SEC. 6. ENFORCEMENT.

10 (a) EQUITABLE POWERS OF UNITED STATES ATTOR11 NEYS.—It shall be the duty of the several United States

12 attorneys, under the direction of the Attorney General, to

13 institute proceedings in equity in their respective districts

14 to prevent and restrain violations of this Act.

15 (b) CRIMINAL LIABILITY.—Whoever knowingly en16 gages or knowingly attempts to engage in an activity that

17 is prohibited by section 3, 4, or 5 shall be guilty of a fel18 ony, and on conviction thereof, shall be punished to the

19 same extent as a person is punished upon conviction of

20 a violation of section 1 of the Sherman Act (15 U.S.C. 1).

21 (c) PRIVATE RIGHT OF ACTION.—Any person who is

22 injured in its business or property by reason of a violation

23 of this Act—

24 (1) may bring a civil action in any district court

25 of the United States in the district in which the de-
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1 fendant resides or is found or has an agent, without

2 respect to the amount in controversy, and

3 (2) shall recover threefold the damages sus4 tained, and the cost of suit (including a reasonable

5 attorney’s fee).

6 The court may award under this section, pursuant to a

7 motion by such person promptly made, simple interest on

8 actual damages for the period beginning on the date of

9 service of such person’s pleading setting forth a claim

10 under this Act and ending on the date of judgment, or

11 for any shorter period therein, if the court finds that the

12 award of such interest for such period is just in the cir13 cumstance.

14 (d) PRIVATE INJUNCTIVE RELIEF.—Any person shall

15 be entitled to sue for and have injunctive relief, in any

16 court of the United States having jurisdiction over the

17 parties, against threatened loss or damage by a violation

18 of this Act, when and under the same conditions and prin19 ciples as injunctive relief is available under section 16 of

20 the Clayton Act (15 U.S.C. 26). In any action under this

21 subsection in which the plaintiff substantially prevails, the

22 court shall award the cost of suit, including a reasonable

23 attorney’s fee, to such plaintiff.

24 (e) JURISDICTION.—(1) Subject to paragraph (2),

25 the courts of the United States shall have exclusive juris-
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1 diction to make determinations with respect to a duty,

2 claim, or right arising under this Act, other than deter3 minations authorized to be made by the Attorney General

4 under section 2(b)(2).

5 (2) The United States Court of Appeals for the Dis6 trict of Columbia shall have exclusive jurisdiction to review

7 determinations made under section 2(b)(2).

8 (3) No action commenced to assert or enforce a duty,

9 claim, or right arising under this Act shall be stayed pend10 ing any such determination by the Attorney General.

11 (f) SUBPOENAS.—In an action commenced under this

12 Act, a subpoena requiring the attendance of a witness at

13 a hearing or a trial may be served at any place within

14 the United States.

15 (g) APPLICABILITY OF OTHER LAWS TO ENFORCE16 MENT OF THIS ACT.—

17 (1) SECTION 5 OF THE CLAYTON ACT.—Section

18 5 of the Clayton Act (15 U.S.C. 16) shall apply with

19 respect to actions under this section brought by or

20 on behalf of the United States.

21 (2) ANTITRUST CIVIL PROCESS ACT.—Section

22 2(a) of the Antitrust Civil Process Act (15 U.S.C.

23 1311(a)) is amended—

24 (A) in paragraph (1) by striking ‘‘and’’ at

25 the end,
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1 (B) in paragraph (2) by striking the period

2 at the end and inserting ‘‘and’’, and

3 (C) by adding at the end the following:

4 ‘‘(3) title I of the Antitrust Reform Act of

5 1995.’’.

6 SEC. 7. DEFINITIONS.

7 For purposes of this Act:

8 (1) AFFILIATE.—The term ‘‘affiliate’’ means a

9 person that (directly or indirectly) owns or controls,

10 is owned or controlled by, or is under common own11 ership or control with, another person. For purposes

12 of this paragraph, to own refers to owning an equity

13 interest (or the equivalent thereof) of more than 50

14 percent.

15 (2) AFFILIATED ENTERPRISE.—The term ‘‘af16 filiated enterprise’’ has the meaning given it in the

17 Modification of Final Judgment.

18 (3) ALARM MONITORING SERVICE.—The term

19 ‘‘alarm monitoring service’’ means a service that

20 uses a device located at a residence, place of busi21 ness, or other fixed premises—

22 (A) to receive signals from other devices lo23 cated at or about such premises regarding a

24 possible threat at such premises to life, safety,
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1 or property, from burglary, fire, vandalism,

2 bodily injury, or other emergency, and

3 (B) to transmit a signal regarding such

4 threat by means of transmission facilities of a

5 Bell operating company or one of its affiliates

6 to a remote monitoring center to alert a person

7 at such center of the need to inform the cus8 tomer or another person or police, fire, rescue,

9 security, or public safety personnel of such

10 threat,

11 but does not include a service that uses a medical

12 monitoring device attached to an individual for the

13 automatic surveillance of an ongoing medical condi14 tion.

15 (4) ANTITRUST LAWS.—The term ‘‘antitrust

16 laws’’ has the meaning given it in subsection (a) of

17 the first section of the Clayton Act (15 U.S.C.

18 12(a)), except that such term includes the Act of

19 June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13 et

20 seq.), commonly known as the Robinson Patman

21 Act, and section 5 of the Federal Trade Commission

22 Act (15 U.S.C. 45) to the extent that such section

23 5 applies to unfair methods of competition.

24 (5) AUDIO PROGRAMMING.—The term ‘‘audio

25 programming’’ means programming provided by, or
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1 generally considered comparable to programming

2 provided by, a radio broadcast station.

3 (6) BELL OPERATING COMPANY.—The term

4 ‘‘Bell operating company’’ means—

5 (A) Bell Telephone Company of Nevada,

6 Illinois Bell Telephone Company, Indiana Bell

7 Telephone Company, Incorporated, Michigan

8 Bell Telephone Company, New England Tele9 phone and Telegraph Company, New Jersey

10 Bell Telephone Company, New York Telephone

11 Company, U S West Communications Com12 pany, South Central Bell Telephone Company,

13 Southern Bell Telephone and Telegraph Com14 pany, Southwestern Bell Telephone Company,

15 The Bell Telephone Company of Pennsylvania,

16 The Chesapeake and Potomac Telephone Com17 pany, The Chesapeake and Potomac Telephone

18 Company of Maryland, The Chesapeake and

19 Potomac Telephone Company of Virginia, The

20 Chesapeake and Potomac Telephone Company

21 of West Virginia, The Diamond State Tele22 phone Company, The Ohio Bell Telephone

23 Company, The Pacific Telephone and Telegraph

24 Company, or Wisconsin Telephone Company,
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1 (B) any successor or assign of any such

2 company, or

3 (C) any affiliate of any person described in

4 subparagraph (A) or (B).

5 (7) CABLE SYSTEM.—The term ‘‘cable system’’

6 has the meaning given such term in section 602(7)

7 of the Communications Act of 1934 (47 U.S.C.

8 522(7)).

9 (8) CARRIER.—The term ‘‘carrier’’ has the

10 meaning given such term in section 3 of the Commu11 nications Act of 1934 (47 U.S.C. 153).

12 (9) COMMERCIAL MOBILE SERVICES.—The term

13 ‘‘commercial mobile services’’ has the meaning given

14 such term in section 332(d) of the Communications

15 Act of 1934 (47 U.S.C. 332(d)).

16 (10) CUSTOMER PREMISES EQUIPMENT.—The

17 term ‘‘customer premises equipment’’ means equip18 ment employed on the premises of a person (other

19 than a carrier) to originate, route, or terminate tele20 communications, and includes software integral to

21 such equipment.

22 (11) EXCHANGE ACCESS.—The term ‘‘exchange

23 access’’ means exchange services provided for the

24 purpose of originating or terminating interexchange

25 telecommunications.
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1 (12) EXCHANGE AREA.—The term ‘‘exchange

2 area’’ means a contiguous geographic area estab3 lished by a Bell operating company such that no ex4 change area includes points within more than 1 met5 ropolitan statistical area, consolidated metropolitan

6 statistical area, or State, except as expressly per7 mitted under the Modification of Final Judgment

8 before the date of the enactment of this Act.

9 (13) EXCHANGE SERVICE.—The term ‘‘ex10 change service’’ means a telecommunications service

11 provided within an exchange area.

12 (14) INFORMATION.—Except as provided in

13 paragraph (18), the term ‘‘information’’ means

14 knowledge or intelligence represented by any form of

15 writing, signs, signals, pictures, sounds, or other

16 symbols.

17 (15) INTEREXCHANGE TELECOMMUNI18 CATIONS.—The term ‘‘interexchange telecommuni19 cations’’ means telecommunications between a point

20 located in an exchange area and a point located out21 side such exchange area.

22 (16) MANUFACTURE.—The term ‘‘manufac23 ture’’ has the meaning given such term under the

24 Modification of Final Judgment.
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1 (17) MODIFICATION OF FINAL JUDGMENT.—

2 The term ‘‘Modification of Final Judgment’’ means

3 the order entered August 24, 1982, in the antitrust

4 action styled United States v. Western Electric, Civil

5 Action No. 82–0192, in the United States District

6 Court for the District of Columbia, and includes any

7 judgment or order with respect to such action en8 tered on or after August 24, 1982.

9 (18) OTHER PROGRAMMING SERVICES.—The

10 term ‘‘other programming services’’ means informa11 tion (other than audio programming or video pro12 gramming) that the person who offers a video pro13 gramming service makes available to all subscribers

14 generally. For purposes of the preceding sentence,

15 the terms ‘‘information’’ and ‘‘makes available to all

16 subscribers generally’’ have the same meaning such

17 terms have under section 602(13) of the Commu18 nications Act of 1934 (47 U.S.C. 522(13)).

19 (19) PERSON.—The term ‘‘person’’ has the

20 meaning given such term in subsection (a) of the

21 first section of the Clayton Act (15 U.S.C. 12(a)).

22 (20) STATE.—The term ‘‘State’’ means any of

23 the several States, the District of Columbia, the

24 Commonwealth of Puerto Rico, the Commonwealth

25 of the Northern Mariana Islands, the Federated
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1 States of Micronesia, the Republic of the Marshall

2 Islands, Palau, or any territory or possession of the

3 United States.

4 (21) TELECOMMUNICATIONS.—The term ‘‘tele5 communications’’ means the transmission of infor6 mation between points by electromagnetic means.

7 (22) TELECOMMUNICATIONS EQUIPMENT.—The

8 term ‘‘telecommunications equipment’’ means equip9 ment, other than customer premises equipment, used

10 by a carrier to provide a telecommunications service,

11 and includes software integral to such equipment.

12 (23) TELECOMMUNICATIONS SERVICE.—The

13 term ‘‘telecommunications service’’ means the offer14 ing for hire of transmission facilities or of tele15 communications by means of such facilities.

16 (24) TRANSMISSION FACILITIES.—The term

17 ‘‘transmission facilities’’ means equipment (including

18 wire, cable, microwave, satellite, and fiber-optics)

19 that transmits information by electromagnetic means

20 or that directly supports such transmission, but does

21 not include customer premises equipment.

22 (25) VIDEO PROGRAMMING.—The term ‘‘video

23 programming’’ has the meaning given such term in

24 section 602(19) of the Communications Act of 1934

25 (47 U.S.C. 522(19)).
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1 SEC. 8. RELATIONSHIP TO OTHER LAWS.

2 (a) MODIFICATION OF FINAL JUDGMENT.—This Act

3 shall supersede the Modification of Final Judgment, ex4 cept that this Act shall not affect—

5 (1) section I of the Modification of Final Judg6 ment, relating to AT&T reorganization,

7 (2) section II(A) (including appendix B) and

8 II(B) of the Modification of Final Judgment, relat9 ing to equal access and nondiscrimination,

10 (3) section IV(F) and IV(I) of the Modification

11 of Final Judgment, with respect to the requirements

12 included in the definitions of ‘‘exchange access’’ and

13 ‘‘information access’’,

14 (4) section VIII(B) of the Modification of Final

15 Judgment, relating to printed advertising directories,

16 (5) section VIII(E) of the Modification of Final

17 Judgment, relating to notice to customers of AT&T,

18 (6) section VIII(F) of the Modification of Final

19 Judgment, relating to less than equal exchange ac20 cess,

21 (7) section VIII(G) of the Modification of Final

22 Judgment, relating to transfer of AT&T assets, in23 cluding all exceptions granted thereunder before the

24 date of the enactment of this Act, and
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1 (8) with respect to the parts of the Modification

2 of Final Judgment described in paragraphs (1)

3 through (7)—

4 (A) section III of the Modification of Final

5 Judgment, relating to applicability and effect,

6 (B) section IV of the Modification of Final

7 Judgment, relating to definitions,

8 (C) section V of the Modification of Final

9 Judgment, relating to compliance,

10 (D) section VI of the Modification of Final

11 Judgment, relating to visitorial provisions,

12 (E) section VII of the Modification of

13 Final Judgment, relating to retention of juris14 diction, and

15 (F) section VIII(I) of the Modification of

16 Final Judgment, relating to the court’s sua

17 sponte authority.

18 (b) ANTITRUST LAWS.—Except as provided in sec19 tion 6(g), nothing in this Act shall be construed to modify,

20 impair, or supersede the applicability of any of the anti21 trust laws.

22 (c) FEDERAL, STATE, AND LOCAL LAW.—(1) Except

23 as provided in paragraph (2), this Act shall not be con24 strued to modify, impair, or supersede Federal, State, or

25 local law unless expressly so provided in this Act.
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1 (2) This Act shall supersede State and local law to

2 the extent that such law would impair or prevent the oper3 ation of this Act.

4 (d) CUMULATIVE PENALTY.—Any penalty imposed,

5 or relief granted, under this Act shall be in addition to,

6 and not in lieu of, any penalty or relief authorized by any

7 other law to be imposed with respect to conduct described

8 in this Act.

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