15 U.S.C. § 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 Antitrust Division.

(2)

Antitrust leniency agreement

The term “antitrust leniency agreement,” or “agreement,” means a leniency letter agreement, whether conditional or final, between a person and the Antitrust Division pursuant to the Corporate Leniency Policy of the Antitrust Division in effect on the date of execution of the agreement.

(3)

Antitrust leniency applicant

The term “antitrust leniency applicant,” or “applicant,” means, with respect to an antitrust 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 violation of section 1 or 3 of this title or any similar 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 recover damages sustained by the State or subdivision.

(5)

Cooperating individual

The term “cooperating individual” means, with respect to an antitrust leniency agreement, a current or former director, officer, or employee of the antitrust leniency applicant who is covered by the agreement.

(6)

Person

section 12 of this titleThe term “person” has the meaning given it in subsection (a) of .

Pub. L. 108–237, title II, § 212June 22, 2004118 Stat. 666 Pub. L. 111–190, § 2June 9, 2010124 Stat. 1275 Pub. L. 116–159, div. D, title III, § 4303(b)(2)Oct. 1, 2020134 Stat. 742 (, , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 108–237June 22, 2004118 Stat. 666 section 1 of this titleSections 7a to 7a–3 of this title, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 211–216) of title II of , , , 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 . For complete classification of subtitle A to the Code, see Tables.

Codification

section 1 of this titleSection was formerly set out in a note under , prior to transfer to this section upon repeal of sunset provision.

Amendments

Pub. L. 116–1592020—Pars. (6), (7). redesignated par. (7) as (6) and struck out former par. (6). Prior to amendment, text of par. (6) read as follows: “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.”

Pub. L. 111–1902010—Pars. (6), (7). 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, § 4302Oct. 1, 2020134 Stat. 742

“(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 efforts of the Antitrust Division of the Department of Justice to prosecute and deter the offenses described in paragraph (1).

“(b)

Purpose .—

Pub. L. 116–159 section 211 of Pub. L. 108–237 15 U.S.C. 1The purpose of this Act [probably means title III of div. D (§ 4301 et seq.) of , see Tables for classification], and the amendments made by this Act, is to strengthen public and private antitrust enforcement by providing incentives for antitrust violators to cooperate fully with government prosecutors and private litigants through the repeal of the sunset provision of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 [] ([former] note).”

, , , provided that:

Technical and Conforming Amendments

Pub. L. 116–159, div. D, title III, § 4303(b)(1)Oct. 1, 2020134 Stat. 742

“(1)

Revival and restoration.—

“(A)

In general .—

Pub. L. 108–237 15 U.S.C. 1 15 U.S.C. 7aJune 21, 2020Sections 212, 213, and 214 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 [title II of ] ([former] note [now , 7a–1, 7a–2, respectively]) as in effect on , and as amended by the laws described in subparagraph (B), are revived and restored.

“(B)

Laws .—

The laws described in this subparagraph are:

“(i)

Public Law 111–30123 Stat. 1775 section 211 of Pub. L. 108–237 Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act (; ) [amending former ].

“(ii)

June 9, 2010Public Law 111–90124 Stat. 1275 section 211 of Pub. L. 108–237 The Act entitled ‘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’, approved ( [sic, probably should be “111–190”]; ) [amending this section, sections 7a–1 and 7a–2 of this title, and former ].”

, , , provided that:

Applicability of 2020 Amendment

Pub. L. 116–159, div. D, title III, § 4303(c)Oct. 1, 2020134 Stat. 742

“(1)

Markers and agreements before sunset .—

section 211 of Pub. L. 108–237 Pub. L. 108–237 15 U.S.C. 1Oct. 1, 2020June 22, 2020Notwithstanding the repeal under subsection (a) [repealing ], section 211(b) of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 [] ([former] note), as in effect on the day before the date of enactment of this Act [], shall continue to apply to any person who received a marker or entered into an antitrust leniency agreement on or before .

“(2)

Markers and agreements after sunset .—

June 23, 2020The repeal under subsection (a) shall apply to any person who received a marker or entered into an antitrust leniency agreement on or after .”

, , , provided that: