Antitrust Procedural Improvements Act of 1979

(Conference report filed in House, H. Rept. 96-1234)

Antitrust Procedural Improvements Act of 1980 - Amends the Antitrust Civil Process Act to authorize the Attorney General or the Assistant Attorney General in charge of the Antitrust Division to issue civil investigative demands for depositions, interrogatories, documents, and other specified items produced during the discovery phase of private lawsuits and other proceedings. Sets forth procedures for the issuance and return of such demands.

Declares that such demands supercede any inconsistent protective order, rule, or provision of law (other than this Act) restraining disclosure of products of discovery. Stipulates that any disclosure made pursuant to such a demand shall not constitute a waiver of privilege.

Establishes procedures to enable any person to challenge an investigative demand for products of discovery.

Permits courts to make any attorney or other person, who unreasonably multiplies proceedings, responsible for the excess costs, expenses, and attorney fees incurred because of such conduct.

Amends the Clayton Act to permit a court to award prejudgment interest in antitrust litigation upon a finding that such an award is just under the circumstances. Directs the court in making such a finding to consider only: (1) whether either party made motions or asserted claims or defenses lacking in merit intentionally for delay or otherwise acted in bad faith; (2) whether either party violated any applicable rule, statute, or court order providing sanctions for dilatory behavior; (3) whether either party engaged in conduct primarily for delaying the litigation or increasing its costs; and (4) in single damage actions brought by the Government, whether interest is necessary for adequate compensation. Stipulates that the court may impose interest from the date of service of the complaint to the date of judgment or for any shorter period.

Gives judgments in antitrust actions brought by the United States collateral estoppel effect in subsequent private litigation. Directs that such effect shall not be given to certain findings by the Federal Trade Commission. Declares that this provision shall not be applicable to antitrust actions brought before enactment of this Act.

Empowers the Department of Justice to contest mergers: (1) involving entities other than corporations; and (2) involving activities affecting commerce. Makes these provisions applicable to acquisitions made after the enactment of this Act.

Amends the Antitrust Civil Process Act to authorize the Department of Justice to retain agents in connection with the enforcement of antitrust laws. Authorizes such agents to use documentary material, answers to interrogatories, or transcripts of oral testimony in the custody of the Antitrust Division of such Department in connection with the taking of oral testimony. Subjects such agents to criminal penalties for the unauthorized disclosure of specified confidential information.