To amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to extend the operation of such Act, and for other purposes.
PL 111-190 (H.R.5330), enacted 06/09/2010

124 STAT. 1275 
PUBLIC LAW 111–190—JUNE 9, 2010 
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. 
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 Pen-
alty Enhancement and Reform Act of 2004 (Public Law 108–237; 
15 U.S.C. 1 note) is amended to read as follows: 
June 9, 2010 
[H.R. 5330] 
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124 STAT. 1276 
PUBLIC LAW 111–190—JUNE 9, 2010 
‘‘(c) TIMELINESS.—The court shall consider, in making the deter-
mination 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 Enhance-
ment 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 sub-
section (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 Depart-
ment of Justice, and in private civil actions. Such report should 
include study of, inter alia— 
(1) the appropriateness of the addition of qui tam pro-
ceedings to the antitrust leniency program; and 
(2) the appropriateness of creating anti-retaliatory protec-
tion for employees who report illegal anticompetitive conduct. 
SEC. 6. EFFECTIVE DATE OF AMENDMENTS. 
The amendments made by section 1 shall take effect imme-
diately 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 
15 USC 1 note. 
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124 STAT. 1277 
PUBLIC LAW 111–190—JUNE 9, 2010 
LEGISLATIVE HISTORY—H.R. 5330: 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
May 24, considered and passed House. 
May 27, considered and passed Senate. 
Congressional Record by the Chairman of the House Budget Com-
mittee, provided that such statement has been submitted prior 
to the vote on passage. 
Approved June 9, 2010. 
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