Antitrust Enforcement Act of 1979

(Reported to Senate from the Committee on the Judiciary with amendment , S. Rept. 96-239)

Antitrust Enforcement Act of 1979 - Amends the Clayton Act to stipulate that the fact that a person or the United States has not dealt directly with the defendant shall not bar or limit recovery under such Act.

Entitles the defendant to prove as partial or complete defense that the plaintiff has passed on to others what would constitute plaintiff's damage, in order to avoid duplicative liability.

Stipulates that in any class action or action by or on behalf of any government, plaintiff attorney's fees, if any, shall be determined by the courts.

Limits foreign governments to actual damages in such suits, and permits such suits only if the foreign government has a comparable law and would allow the United States to recover damages under such law.

Authorizes the judicial panel on multidistrict litigation to consolidate and transfer any action brought under the Clayton Act, with or without the consent of the parties for both pretrial and trial purposes.

Authorizes the district courts to award reasonable attorney's fees to a prevailing defendant upon a finding that a plaintiff had acted in bad faith, vexatiously, wantonly, or for oppressive reasons.

Makes the provisions of this Act generally applicable to any action pending or commenced on the date of enactment. Directs the Federal courts to take all steps necessary to avoid duplicative liability for the same injury for cases pending on the date of enactment, including preclusion of subsequently filed actions not consolidated with previously filed actions seeking damages for the same injury. Stipulates that the courts shall apportion damages according to actual injury where such actions are consolidated.

Permits the pass-on defense only in cases commenced on or after the date of enactment of this Act.