I 

111TH CONGRESS 

2D SESSION H. R. 5330 

To amend the Antitrust Criminal Penalty Enhancement and Reform Act 

of 2004 to extend the operation of such Act for a 5-year period ending 

June 22, 2015, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2010 

Mr. JOHNSON of Georgia (for himself and Mr. CONYERS) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Antitrust Criminal Penalty Enhancement and 

Reform Act of 2004 to extend the operation of such 

Act for a 5-year period ending June 22, 2015, 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. DELAY OF SUNSET. 

4 Section 211(a) of the Antitrust Criminal Penalty En5 hancement and Reform Act of 2004 (Public Law 108– 

6 237; 15 U.S.C. 1 note) is amended— 

7 (1) in subsection (a)— 


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1 (A) by inserting ‘‘of this subtitle’’ after 

2 ‘‘214’’, and 

3 (B) by striking ‘‘6 years’’ and inserting 

4 ‘‘11 years’’, and 

5 (2) by amending subsection (b) to read as fol6 lows: 

7 ‘‘(b) EXCEPTIONS.—With respect to— 

8 ‘‘(1) a person who receives a marker on or be9 fore the date on which the provisions of section 211 

10 through 214 of this subtitle shall cease to have ef11 fect that later results in the execution of an anti12 trust leniency agreement, or 

13 ‘‘(2) an applicant who has entered into an anti14 trust leniency agreement on or before the date on 

15 which the provisions of sections 211 through 214 of 

16 this subtitle shall cease to have effect, 

17 the provisions of sections 211 through 214 of this subtitle 

18 shall continue in effect.’’. 

19 SEC. 2. DEFINITIONS. 

20 Section 212 of the Antitrust Criminal Penalty En21 hancement and Reform Act of 2004 (Public Law 108– 

22 237; 15 U.S.C. 1 note) is amended— 

23 (1) by redesignating paragraph (6) as para24 graph (7), and 


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1 (2) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) MARKER.—The term ‘marker’ means an 

4 assurance given by the Antitrust Division to a can5 didate for corporate leniency that no other company 

6 will be considered for leniency, for some finite period 

7 of time, while the candidate is given an opportunity 

8 to perfect its leniency application.’’. 

9 SEC. 3. TIMELINESS; COOPERATION AFTER TERMINATION 

10 OF STAY OR PROTECTIVE ORDER. 

11 (a) TIMELINESS.—Section 213(c) of the Antitrust 

12 Criminal Penalty Enhancement and Reform Act of 2004 

13 (Public Law 108–237; 15 U.S.C. 1 note) is amended to 

14 read as follows: 

15 ‘‘(c) TIMELINESS.—The court shall consider, in mak16 ing the determination concerning satisfactory cooperation 

17 described in subsection (b), the timeliness of the appli18 cant’s or cooperating individual’s cooperation with the 

19 claimant.’’. 

20 (b) COOPERATION AFTER TERMINATION OF STAY OR

21 PROTECTIVE ORDER.—Section 213 of the Antitrust 

22 Criminal Penalty Enhancement and Reform Act of 2004 

23 (Public Law 108–237; 15 U.S.C. 1 note) is amended by 

24 adding at the end the following— 


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1 (1) by redesignating subsection (d) as sub2 section (e), and 

3 (2) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) COOPERATION AFTER EXPIRATION OF STAY OR

6 PROTECTIVE ORDER.—If the Antitrust Division does ob7 tain a stay or protective order in a civil action based on 

8 conduct covered by an antitrust leniency agreement, once 

9 the stay or protective order, or a portion thereof, expires 

10 or is terminated, the antitrust leniency applicant and co11 operating individuals shall provide without unreasonable 

12 delay any cooperation described in paragraphs (1) and (2) 

13 of subsection (b) that was prohibited by the expired or 

14 terminated stay or protective order, or the expired or ter15 minated portion thereof, in order for the cooperation to 

16 be deemed satisfactory under such paragraphs.’’. 

17 SEC. 4. TECHNICAL CORRECTIONS. 

18 Section 214 of the Antitrust Criminal Penalty En19 hancement and Reform Act of 2004 (Public Law 108– 

20 237; 15 U.S.C. 1 note) is amended— 

21 (1) in paragraph (1) by inserting ‘‘of this sub22 title’’ after ‘‘213(b)’’, and 

23 (2) in paragraph (3)— 

24 (A) by inserting ‘‘of this subtitle’’ after 

25 ‘‘213(a)’’ the 1st place it appears, and 


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1 (B) by striking ‘‘title’’ and inserting ‘‘sub2 title’’. 

3 SEC. 5. GAO REPORT. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Comptroller General shall submit, to the 

6 Committee on the Judiciary of the House of Representa7 tives and the Committee on the Judiciary of the Senate, 

8 a report on the effectiveness of the Antitrust Criminal 

9 Penalty Enhancement and Reform Act of 2004, both in 

10 criminal investigation and enforcement by the Department 

11 of Justice, and in private civil actions. Such report should 

12 include study of, inter alia— 

13 (1) the appropriateness of the addition of qui 

14 tam proceedings to the antitrust leniency program; 

15 and 

16 (2) the appropriateness of creating anti-retalia17 tory protection for employees who report illegal anti18 competitive conduct. 

19 SEC. 6. EFFECTIVE DATE OF AMENDMENT. 

20 The amendment made by section 2 shall take effect 

21 immediately before June 22, 2010. 

Æ 


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