Prima facie evidence; collateral estoppel
Providedsection 45 of this titleA final judgment or decree heretofore or hereafter rendered in any civil or criminal proceeding brought by or on behalf of the United States under the antitrust laws to the effect that a defendant has violated said laws shall be prima facie evidence against such defendant in any action or proceeding brought by any other party against such defendant under said laws as to all matters respecting which said judgment or decree would be an estoppel as between the parties thereto: , That this section shall not apply to consent judgments or decrees entered before any testimony has been taken. Nothing contained in this section shall be construed to impose any limitation on the application of collateral estoppel, except that, in any action or proceeding brought under the antitrust laws, collateral estoppel effect shall not be given to any finding made by the Federal Trade Commission under the antitrust laws or under which could give rise to a claim for relief under the antitrust laws.
Consent judgments and competitive impact statements; publication in Federal Register; availability of copies to the public
Publication of summaries in newspapers
Consideration of public comments by Attorney General and publication of response
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 subsection, but such 60-day time period shall not be shortened except by order of the district court upon a showing that (1) extraordinary circumstances 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. Upon application by the United States, the district court may, for good cause (based on a finding that the expense of publication in the Federal Register exceeds the public interest benefits to be gained from such publication), authorize an alternative method of public dissemination of the public comments received and the response to those comments.
Public interest determination
Procedure for public interest determination
Filing of written or oral communications with the district court
Not later than 10 days following the date of the filing of any proposal for a consent 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 by any officer, director, employee, or agent 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 should have known.
Inadmissibility as evidence of proceedings before the district court and the competitive impact statement
section 15a of this titleProceedings 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 laws or by the United States under nor constitute a basis for the introduction of the consent judgment as prima facie evidence against such defendant in any such action or proceeding.
Suspension of limitations
section 15a of this titleProvided, howeverWhenever any civil or criminal proceeding is instituted by the United States to prevent, restrain, or punish violations of any of the antitrust laws, but not including an action under , the running of the statute of limitations in respect to every private or State right of action arising under said laws and based in whole or in part on any matter complained of in said proceeding shall be suspended during the pendency thereof and for one year thereafter: , That whenever the running of the statute of limitations in respect of a cause of action arising under section 15 or 15c of this title is suspended hereunder, any action to enforce such cause of action shall be forever barred unless commenced either within the period of suspension or within four years after the cause of action accrued.
Oct. 15, 1914, ch. 323, § 538 Stat. 731July 7, 1955, ch. 283, § 269 Stat. 283Pub. L. 93–528, § 288 Stat. 1706Pub. L. 94–435, title III, § 302(2)90 Stat. 1396Pub. L. 96–349, § 5(a)94 Stat. 1157Pub. L. 108–237, title II, § 221(b)118 Stat. 668(, ; , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
section 12 of this titleThe antitrust laws, referred to in subsecs. (a), (b), and (g) to (i), are defined in .
Amendments
Pub. L. 108–237, § 221(b)(1)2004—Subsec. (d). , inserted at end “Upon application by the United States, the district court may, for good cause (based on a finding that the expense of publication in the Federal Register exceeds the public interest benefits to be gained from such publication), authorize an alternative method of public dissemination of the public comments received and the response to those comments.”
Pub. L. 108–237, § 221(b)(2)Subsec. (e). , designated introductory provisions as par. (1), substituted “court shall” for “court may”, added subpars. (A) and (B) and par. (2), and struck out former pars. (1) and (2) which read as follows:
“(1) the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration or relief sought, anticipated effects of alternative remedies actually considered, and any other considerations 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 violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial.”
Pub. L. 108–237, § 221(b)(3)Subsec. (g). , inserted “by any officer, director, employee, or agent of such defendant” before “, or other person” in first sentence.
Pub. L. 96–349section 45 of this titlesection 15a of this titlesection 15a of this title1980—Subsec. (a). made collateral estoppel inapplicable in any action or proceeding brought under the antitrust laws to any finding made by the Commission under the antitrust laws or under which could give rise to a claim for relief under the antitrust laws; struck out “or by the United States under ,” after “under said laws”; and deleted from proviso “or to judgments or decrees entered in actions under ” after “testimony has been taken”.
Pub. L. 94–4351976— substituted “private or State right of action” for “private right of action” and “section 15 or 15c” for “section 15”.
Pub. L. 93–5281974—Subsecs. (b) to (i). added subsecs. (b) to (h) and redesignated former subsec. (b) as (i).
1955—Act , substituted subsec. (a) for first paragraph, to provide that final judgments in actions under the antitrust laws by the United States shall be prima facie evidence in damage suits by the United States as well as in private damage suits, and substituted subsec. (b) for second paragraph, to provide for a one-year suspension of limitations.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Pub. L. 96–349, § 5(b)94 Stat. 1157
Suspension of Limitation
Act Oct. 10, 1942, ch. 58956 Stat. 781June 30, 1945, ch. 21359 Stat. 306, , as amended , , provided for the suspension of any existing statutes of limitations relating to violations of antitrust laws now indictable or subject to civil proceedings under any existing statutes, until .
Findings and Purposes of 2004 Amendment
Pub. L. 108–237, title II, § 221(a)118 Stat. 668