15 U.S.C. § 7a — Definitions

Page 15 TITLE 15—COMMERCE AND TRADE § 7a Editorial Notes CODIFICATION Act Mar. 3, 1911, vested jurisdiction in ‘‘district’’ courts, instead of ‘‘circuit’’ courts. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorneys’’ for ‘‘district attorneys of the United States’’. See section 541 et seq. of Title 28, Judiciary and Judicial Procedure. § 5. Bringing in additional parties Whenever it shall appear to the court before which any proceeding under section 4 of this title may be pending, that the ends of justice re- quire that other parties should be brought be- fore the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof. (July 2, 1890, ch. 647, § 5, 26 Stat. 210.) § 6. Forfeiture of property in transit Any property owned under any contract or by any combination, or pursuant to any conspiracy (and being the subject thereof) mentioned in sec- tion 1 of this title, and being in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and con- demned by like proceedings as those provided by law for the forfeiture, seizure, and condemna- tion of property imported into the United States contrary to law. (July 2, 1890, ch. 647, § 6, 26 Stat. 210.) § 6a. Conduct involving trade or commerce with foreign nations Sections 1 to 7 of this title shall not apply to conduct involving trade or commerce (other than import trade or import commerce) with foreign nations unless— (1) such conduct has a direct, substantial, and reasonably foreseeable effect— (A) on trade or commerce which is not trade or commerce with foreign nations, or on import trade or import commerce with foreign nations; or (B) on export trade or export commerce with foreign nations, of a person engaged in such trade or commerce in the United States; and (2) such effect gives rise to a claim under the provisions of sections 1 to 7 of this title, other than this section. If sections 1 to 7 of this title apply to such con- duct only because of the operation of paragraph (1)(B), then sections 1 to 7 of this title shall apply to such conduct only for injury to export business in the United States. (July 2, 1890, ch. 647, § 7, as added Pub. L. 97–290, title IV, § 402, Oct. 8, 1982, 96 Stat. 1246.) Editorial Notes PRIOR PROVISIONS A prior section 7 of act July 2, 1890, ch. 647, 26 Stat. 210, related to suits by persons injured by acts in viola- tion of sections 1 to 7 of this title and was classified as a note under section 15 of this title, prior to repeal by act July 7, 1955, ch. 283, § 3, 69 Stat. 283, effective six months after July 7, 1955. § 7. ‘‘Person’’ or ‘‘persons’’ defined The word ‘‘person’’, or ‘‘persons’’, wherever used in sections 1 to 7 of this title shall be deemed to include corporations and associations existing under or authorized by the laws of ei- ther the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. (July 2, 1890, ch. 647, § 8, 26 Stat. 210.) § 7a. Definitions In sections 7a to 7a–3 of this title: (1) Antitrust Division The term ‘‘Antitrust Division’’ means the United States Department of Justice Anti- trust Division. (2) Antitrust leniency agreement The term ‘‘antitrust leniency agreement,’’ or ‘‘agreement,’’ means a leniency letter agreement, whether conditional or final, be- tween a person and the Antitrust Division pur- suant to the Corporate Leniency Policy of the Antitrust Division in effect on the date of exe- cution of the agreement. (3) Antitrust leniency applicant The term ‘‘antitrust leniency applicant,’’ or ‘‘applicant,’’ means, with respect to an anti- trust leniency agreement, the person that has entered into the agreement. (4) Claimant The term ‘‘claimant’’ means a person or class, that has brought, or on whose behalf has been brought, a civil action alleging a viola- tion of section 1 or 3 of this title or any simi- lar State law, except that the term does not include a State or a subdivision of a State with respect to a civil action brought to re- cover damages sustained by the State or sub- division. (5) Cooperating individual The term ‘‘cooperating individual’’ means, with respect to an antitrust leniency agree- ment, a current or former director, officer, or employee of the antitrust leniency applicant who is covered by the agreement. (6) Person The term ‘‘person’’ has the meaning given it in subsection (a) of section 12 of this title. (Pub. L. 108–237, title II, § 212, June 22, 2004, 118 Stat. 666; Pub. L. 111–190, § 2, June 9, 2010, 124 Stat. 1275; Pub. L. 116–159, div. D, title III, § 4303(b)(2), Oct. 1, 2020, 134 Stat. 742.) 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 Page 16 TITLE 15—COMMERCE AND TRADE § 7a–1 (§§ 211–216) of title II of Pub. L. 108–237, June 22, 2004, 118 Stat. 666, which enacted this section and sections 7a–1 to 7a–3 of this title, amended sections 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 re- peal of sunset provision. AMENDMENTS 2020—Pars. (6), (7). Pub. L. 116–159 redesignated par. (7) as (6) and struck out former par. (6). Prior to amend- ment, text of par. (6) read as follows: ‘‘The term ‘mark- er’ 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 fi- nite period of time, while the candidate is given an op- portunity to perfect its leniency application.’’ 2010—Pars. (6), (7). Pub. L. 111–190 added par. (6) and redesignated former par. (6) as (7). Statutory Notes and Related Subsidiaries FINDINGS; PURPOSE OF 2020 AMENDMENT Pub. L. 116–159, div. D, title III, § 4302, Oct. 1, 2020, 134 Stat. 742, provided that: ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) Conspiracies among competitors to fix prices, rig bids, and allocate markets are categorically and irredeemably anticompetitive and contravene the competition policy of the United States. ‘‘(2) Cooperation incentives are important to the ef- forts of the Antitrust Division of the Department of Justice to prosecute and deter the offenses described in paragraph (1). ‘‘(b) PURPOSE.—The purpose of this Act [probably means title III of div. D (§ 4301 et seq.) of Pub. L. 116–159, see Tables for classification], and the amend- ments made by this Act, is to strengthen public and private antitrust enforcement by providing incentives for antitrust violators to cooperate fully with govern- ment prosecutors and private litigants through the re- peal of the sunset provision of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 [section 211 of Pub. L. 108–237] ([former] 15 U.S.C. 1 note).’’ TECHNICAL AND CONFORMING AMENDMENTS Pub. L. 116–159, div. D, title III, § 4303(b)(1), Oct. 1, 2020, 134 Stat. 742, provided that: ‘‘(1) REVIVAL AND RESTORATION.— ‘‘(A) IN GENERAL.—Sections 212, 213, and 214 of the Antitrust Criminal Penalty Enhancement and Re- form Act of 2004 [title II of Pub. L. 108–237] ([former] 15 U.S.C. 1 note [now 15 U.S.C. 7a, 7a–1, 7a–2, respec- tively]) as in effect on June 21, 2020, and as amended by the laws described in subparagraph (B), are revived and restored. ‘‘(B) LAWS.—The laws described in this subpara- graph are: ‘‘(i) Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act (Public Law 111–30; 123 Stat. 1775) [amending former section 211 of Pub. L. 108–237]. ‘‘(ii) The Act entitled ‘An Act to amend the Anti- trust Criminal Penalty Enhancement and Reform Act of 2004 to extend the operation of such Act, and for other purposes’, approved June 9, 2010 (Public Law 111–90 [sic, probably should be ‘‘111–190’’]; 124 Stat. 1275) [amending this section, sections 7a–1 and 7a–2 of this title, and former section 211 of Pub. L. 108–237].’’ APPLICABILITY OF 2020 AMENDMENT Pub. L. 116–159, div. D, title III, § 4303(c), Oct. 1, 2020, 134 Stat. 742, provided that: ‘‘(1) MARKERS AND AGREEMENTS BEFORE SUNSET.—Not- withstanding the repeal under subsection (a) [repealing section 211 of Pub. L. 108–237], section 211(b) of the Anti- trust Criminal Penalty Enhancement and Reform Act of 2004 [Pub. L. 108–237] ([former] 15 U.S.C. 1 note), as in effect on the day before the date of enactment of this Act [Oct. 1, 2020], shall continue to apply to any person who received a marker or entered into an antitrust le- niency agreement on or before June 22, 2020. ‘‘(2) MARKERS AND AGREEMENTS AFTER SUNSET.—The repeal under subsection (a) shall apply to any person who received a marker or entered into an antitrust le- niency agreement on or after June 23, 2020.’’ § 7a–1. Limitation on recovery (a) In general Subject to subsection (d), in any civil action alleging a violation of section 1 or 3 of this title, or alleging a violation of any similar State law, based on conduct covered by a currently effec- tive antitrust leniency agreement, the amount of damages recovered by or on behalf of a claim- ant from an antitrust leniency applicant who satisfies the requirements of subsection (b), to- gether with the amounts so recovered from co- operating individuals who satisfy such require- ments, shall not exceed that portion of the ac- tual damages sustained by such claimant which is attributable to the commerce done by the ap- plicant in the goods or services affected by the violation. (b) Requirements Subject to subsection (c), an antitrust leni- ency applicant or cooperating individual satis- fies the requirements of this subsection with re- spect to a civil action described in subsection (a) if the court in which the civil action is brought determines, after considering any appropriate pleadings from the claimant, that the applicant or cooperating individual, as the case may be, has provided satisfactory cooperation to the claimant with respect to the civil action, which cooperation shall include— (1) providing a full account to the claimant of all facts known to the applicant or cooper- ating individual, as the case may be, that are potentially relevant to the civil action; (2) furnishing all documents or other items potentially relevant to the civil action that are in the possession, custody, or control of the applicant or cooperating individual, as the case may be, wherever they are located; and (3)(A) in the case of a cooperating indi- vidual— (i) making himself or herself available for such interviews, depositions, or testimony in connection with the civil action as the claimant may reasonably require; and (ii) responding completely and truthfully, without making any attempt either falsely to protect or falsely to implicate any person or entity, and without intentionally with- holding any potentially relevant informa- tion, to all questions asked by the claimant in interviews, depositions, trials, or any other court proceedings in connection with the civil action; or (B) in the case of an antitrust leniency ap- plicant, using its best efforts to secure and fa- cilitate from cooperating individuals covered by the agreement the cooperation described in clauses (i) and (ii) and subparagraph (A).