An Act to reform consent decree procedures, to increase penalties for violation of the Sherman Act, and to revise the Expediting Act as it pertains to Appellate Review.
PL 93-528 (S.782), enacted 12/21/1974

1706 
PUBLIC LAW 93-528-DEC. 21, 1974 
[88 STAT. 
December21, 1974 
[S. 782] 
Public Law 93-528 
AN ACT 
To reform consent decree procedures, to increase penalties for violation of the 
Sherman Act, and to revise the Expediting Act as it pertains to Appellate 
Review. 
Antitrust 
Procedures and 
Penalties Act, 
15 u s e 16 
note. 
15 u s e 16, 
Publication 
in Federal 
Register. 
eompetitive 
impact state-
ment, publi-
cation in 
Federal Regis-
ter, 
Publication 
in newspapers. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Antitrust Procedures and Penalties Act", 
CONSENT DECREE PROCEDURES 
SEC. 2, Section 5 of the Act entitled "An Act to supplement existing 
laws against unlawful restraints and monopolies, and for other pur-
poses", approved October 15, 1914 (15 LT.S.C. 16), is amended by 
redesignating subsection (b) as (i) and by inserting immediately after 
subsection (a) the following: 
"(b) Any proposal for a consent judgment submitted by the United 
States for entry in any civil proceeding brought by or on behalf of the 
United States under the antitrust laws shall be filed with the district 
court before which such proceeding is ponding and published by the 
United States in the Federal Register at least 60 days prior to the 
effective date of such judgment. Any written comments relating to such 
proposal and any responses by the United States thereto, shall also 
be filed w4th such district court and published by the United States in 
the Federal Register Avithin such sixty-day period. Copies of such pro-
posal and any other materials and documents which the United States 
considered determinative in formulating such proposal, shall also be 
made available to the public at the district court and in such other dis-
tricts as the court may subsequently direct. Simultaneously with the 
filing of such proposal, unless otherwise instructed by the court, the 
United States shall file with the district court, publish in the Federal 
Register-, and thereafter furnish to any percon upon request, a com-
petitive impact statement which shall recite— 
" (1) the nature and purpose of the proceeding; 
"(2) a description of the practices or events giving rise to the 
alleged violation of the antitrust laws; 
"(3) an explanation of the proposal for a consent judgment, 
including an explanation of any unusual circumstances giving rise 
to such proposal or any provision contained therein, relief to be 
obtained thereby, and the anticipated effects on competition of 
such relief; 
"(4) the remedies available to potential private plaintiffs dam-
aged by the alleged violation in the event that such proposal for 
the consent judgment is entered in such proceeding; 
"(5) a description of the procedures available for modification 
of such proposal; and 
"(6) a description and evaluation of alternatives to such pro-
posal actually considered by the United States. 
"(c) The United States shall also cause to be published, commencing 
at least 60 days prior to the effective date of the judgment described in 
subsection (b) of this section, for Y days over a period of 2 weeks in 
newspapers of general circulation of the district in which the case has 
been filed, in the District of Columbia, and in such other districts as 
the court may direct— 
"(i) a summary of the terms of the proposal for the consent 
judgment, 
88 STAT. ] 
PUBLIC LAW 93-528-DEC. 21, 1974 
170' 
"(ii) a summary of the competitive impact statement filed 
under subsection (b), 
"(iii) and a list of the materials and documents under subsec-
tion (b) which the United States shall make available for pur-
poses of meaningful public comment, and the place where such 
materials and documents are available for public inspection, 
"(d) During the 60-day period as specified in subsection (b) of this 
section, and such additional time as the United States may request and 
the court may grant, the United States shall receive and consider any 
written comments relating to the proposal for the consent judgment 
submitted under subsection (b). The Attorney General or his designee 
shall establish procedures to carry out the provisions of this subsec-
tion, but such 60-day time period shall not be shortened except by 
order of the district court upon a showing that (1) extraordinary cir-
cumstances require such shortening and (2) such shortening is not 
adverse to the public interest. At the close of the period during which 
such comments may be received, the United States shall file with the 
district court and cause to be published in the Federal Register a 
response to such comments. 
"(e) Before entering any consent judgment proposed by the United 
States under this section, the court shall determine that the entry of 
such judgment is in the public interest. For the purpose of such deter-
mination, the court may consider— 
"(1) the competitive impact of such judgment, including ter-
mination of alleged violations, provisions for enforcement and 
modification, duration or relief sought, anticipated effects of 
alternative remedies actually considered, and any other considera-
tions bearing upon the adequacy of such judgment; 
"(2) the impact of entry of such judgment upon the public 
generally and individuals alleging specific injury from the viola-
tions set forth in the complaint including consideration of the 
public benefit, if any, to be derived from a determination of the 
issues at trial. 
"(f) In making its determination under subsection (e), the court 
may— 
"(1) take testimony of Government officials or experts or such 
other expert witnesses, upon motion of any party or participant 
or upon its own motion, as the court may deem appropriate; 
"(2) appoint a special master and such outside consultants or 
expert witnesses as the court may deem appropriate; and request 
and obtain the views, evaluations, or advice of any individual, 
group or agency of government with respect to any aspects of the 
proposed judgment or the effect of such judgment, in such manner 
as the court deems appropriate; 
"(3) authorize full or limited participation in proceedings 
before the court by interested persons or agencies, including 
appearance amicus curiae, intervention as a party pursuant to the 
Federal Rules of Civil Procedure, examination of witnesses or 
documentary materials, or participation in any other manner and 
extent which serves the public interest as the court may deem 
appropriate. 
"(4) review any comments including any objections filed with 
the United States under subsection (d) concerning the proposed 
judgment and the responses of the United States to such com-
ments and objections; and 
Comments. 
Response, 
publication in 
Federal Register. 
Public interest 
determination. 
28 u s e app. 
1708 
PUBLIC LAW 93-528-DEC. 21, 1974 
[88 STAT. 
"(5) take such other action in the public interest as the court 
may deem appropriate. 
wrIuen^or°orai 
"^s) ^ot later thau 10 dajs following the date of the filing of 
communications, 
^^J proposal for a conseut judgment under subsection (b), each 
defendant shall file with the district court a description of any and 
all written or oral communications by or on behalf of such defendant, 
including any and all written or oral communications on behalf of 
such defendant, or other person, with any officer or employee of the 
United States concerning or relevant to such proposal, except that 
any such communications made by counsel of record alone with the 
Attorney General or the employees of the Department of Justice 
alone shall be excluded from the requirements of this subsection. Prior 
to the entry of any consent judgment pursuant to the antitrust laws, 
each defendant shall certify to the district court that the requirements 
of this subsection have been complied with and that such filing is a 
true and complete description of such communications known to the 
defendant or which the defendant reasonably shoidd have known. 
"(h) Proceedings before the district court under subsections (e) 
and (f) of this section, and the competitive impact statement filed 
under subsection (b) of this section, shall not be admissible against 
any defendant in any action or proceeding brought by any other party 
against such defendant under the antitrust law^s or by the United 
States under section 4A of this Act nor constitute a basis for the 
introduction of the consent judgment as prima facie evidence against 
such defendant in any such action or proceeding." 
PENALTIES 
SEC. 3. Sections 1, 2, and 3 of the Act entitled "An Act to protect 
trade and commerce against unlawful restraints and monopolies", 
approved July 2, 1890 (15 U.S.C. 1, 2, and 3), are each amended— 
(1) by striking out "misdemeanor" whenever it appears and 
inserting in lieu thereof in each case "felony"; 
(2) by striking out "fifty thousand dollars" whenever such 
phrase appears and inserting in lieu thereof in each case the 
following: "one million dollars if a corporation, or, if any other 
person, one hundred thousand dollars"; and 
(3) by striking out "one year" whenever such phrase appears 
and inserting in lieu thereof in each case "three years". 
EXPEDITING ACT REVISIONS 
SEC. 4. Section 1 of the Act of February 11, 1903 (32 Stat. 823), 
as amended (15 U.S.C. 28; 49 U.S.C. 44), commonly known as the 
Expediting Act, is amended to read as follows: 
"SECTION 1. In any civil action brought in any district court of the 
United States under the Act entitled 'An Act to protect trade and 
commerce against unlawful restraints and monopolies', approved 
July 2, 1890, or any other Acts having like purpose that have been 
or hereafter may be enacted, wherein the United States is plaintiff 
and equitable relief is sought, the Attorney General may file with the 
court, prior to the entry of final judgment, a certificate that, in his 
opinion, the case is of a general public importance. Upon filing of such 
certificate, it shall be the duty of the judge designated to hear and 
88 STAT. ] 
PUBLIC LAW 93-528-DEC. 21, 1974 
1709 
determine the case, or the chief judge of the district court if no judge 
has as yet been designated, to assign the case for hearing at the earliest 
practicable date and to cause the case to be in every way expedited." 
SEC. 5. Section 2 of that Act (15 U.S.C. 29; 49 U.S.C. 45) is 
amended to read as follows: 
"(a) Except as otherwise expressly provided by this section, in 
Appeals. 
every civil action brought in any district court of the United States 
under the Act entitled 'An Act to protect trade and commerce against 
unlawful restraints and monopolies', approved July 2, 1890, or any 
other Acts having like purpose that have been or hereafter may be 
enacted, in which the United States is the complainant and equitable 
relief is sought, any appeal from a final judgment entered in any such 
action shall be taken to the court of appeals pursuant to sections 1291 
and 2107 of title 28 of the Ignited States Code. Any appeal from an 
interlocutory order entered in any such action shall be taken to the 
court of appeals pursuant to sections 1292(a) (1) and 2107 of title 28 
of the United States Code but not otherwise. Any judgment entered 
by the court of appeals in any such action shall be subject to review 
Supreme Court 
by the Supreme Court upon a writ of certiorari as provided in section 
1254 (1) of title 28 of the United States Code. 
"(b) An appeal from a final judgment pursuant to subsection (a) 
Appeal. 
shall lie directly to the Supreme Court if, upon application of a party 
filed within fifteen days of the filing of a notice of appeal, the district 
Notice. 
judge who adjudicated the case enters an order stating that immediate 
consideration of the appeal by the Supreme Court is of general public 
importance in the administration of justice. Such order shall be filed 
within thirty days after the filing of a notice of appeal. When such an 
order is filed, the appeal and any cross appeal shall be docketed in the 
time and manner prescribed by the rules of the Supreme Couit. The 
Supreme Court shall thereupon either (1) dispose of the appeal and 
any cross appeal in the same manner as any other direct appeal author-
ized by law, or (2) in its discretion, deny the direct appeal and 
remand the case to the court of appeals, which shall then have juris-
diction to hear and determine the same as if the appeal and any cross 
appeal therein had been docketed in the court of appeals in the first 
instance pursuant to subsection (a)," 
SEC. 6. (a) Section 401(d) of the Communications Act of 1934 (47 
Repeal. 
U.S.C. 401(d)) is repealed. 
(b) Section 3 of the Act entitled "An Act to further regulate com- ^J^/^" enforce. 
merce with foreign nations and among the States", approved Febru-
ary 19, 1903 (32 Stat. 849; 49 U.S.C. 43), is amended by striking out 
"proceeding:" and inserting in lieu thereof "proceeding." and striking 
out thereafter the following: ^'•Provided, That the provisions of an 
Act entitled 'An Act to expedite the hearing and determination of 
suits in equity pending or thereafter brought under the Act of July 
second, eighteen hundred and ninety, entitled "An Act to protect 
trade and commerce against unlawful restraints and monopolies," "An 
Act to regulate commerce," approved February fourth, eighteen hun-
dred and eighty-seven, or any other Acts having a like purpose that 
may be hereafter enacted, approved February eleventh, nineteen hun-
dred and three,' shall apply to any case prosecuted under the direction 
of the Attorney-General in the name of the Interstate Commerce 
Commission". 
ment. 
1710 
PUBLIC LAW 93-529-DEC. 21, 1974 
[88 STAT. 
Nonapplicabil-
SEO. 7. The amendment made by section 5 of this Act shall not apply 
'
^
V
s use 29 
to an action in which a notice of appeal to the Supreme Court has Tbeen 
note. 
filed 
on or before the fifteenth day following the date of enactment of 
this Act. Appeal in any such action shall be taken pursuant to the pro^ 
visions of section 2 of the Act of February 11, 1903 (32 Stat. 823), 
as amended (15 U.S.C. 29; 49 U.S.C. 45) which were in effect on the 
day preceding the date of enactment of this Act. 
Approved December 21, 1974. 
Public Law 93-529 
December 21, 1974 
A N 
A C T 
———: 
1— To rescind certain budget autliority recommended in tlie messages of the 
l»resident of September 20, 1974 (H. Doc. 93-361), October 4, 1974 (H. Doc. 
93-365) and November 13, 1974 (H. Doc. 93-387). transmitted pursuant to 
section 1012 of the Impoundment Control Act of 1974. 
Be it enacted hy the Senate and House of Representatives 
of the 
auth^orft'" ^"^^^^^ United States of America in (Congress assembled, That the following 
Rescission. 
I'escissions of budget authority contained in the messages of the Presi-
dent of September 20, 1974 (H. Doc. 93-361), October 4, 1974 (H. 
Doc. 93-365) and November 13, 1974 (H. Doc. 93-387) are made 
Ante, p. 333. 
pursuant to section 1012 of the Impoundment Control Act of 1974, 
namely: 
CHAPTER I 
DEPARTMENT 
OF 
HOUSING 
AND URBAN 
DEVELOPMENT 
COLLEGE HOUSING 
The limitation otherwise applicable to the total payments that may 
be required in any fiscal year by all contracts entered into under title 
IV of the Llousing Act of 1950, as amended (12 U.S.C. 1749 et seq.), 
is hereb}^ reduced by the uncommitted balances of authorizations here-
tofore provided for this purpose in appropriation acts. 
CHAPTER II 
DEPARTMENT OF T H E INTERIOR 
BuKEAu OF L A N D 
M A N A G E M E N T 
Contract authority provided for the fiscal year ending June 30,1973 
by section 105(a) (8) of the Federal-Aid Highway Act of 1970 (Pub-
lic Law 91-605) for "Public lands development roads and trails" is 
rescinded in the amount of $4,891,000. 
84 Stat. 1715. 
NATIONAL PARK SERVICE 
Contract authority provided for the fiscal year ending June 30,1973 
by section 105(a) (10) of the Federal-Aid High\yay Act of 1970 
84 Stat. 1716. 
(PubUc Law 91-605) for "Parkways" is rescinded in the amount of 
S10,461,000.