Amends the Clayton Act to permit any person liable for damages for price-fixing to claim contribution from co-conspirators for the share of such damages attributable to their sales or purchases of goods and services.
Declares that a release or covenant not to sue or enforce a judgment received in settlement by one conspirator shall not discharge any co-conspirators from liability, unless expressly provided. Directs the court to reduce the claim against the co-conspirators subject to liability by the greatest of: (1) the amount stipulated by such release or covenant; (2) the amount paid in settlement; or (3) treble the actual damages attributable to the settling person's sales or purchases of goods or services. Declares that a settlement shall release the recipient from liability from contribution, unless it is not consumated.
Applies such claim reduction principle to price-fixing actions pending upon enactment of this Act if the court determines that it would be inequitable not to do so. Prohibits the modification of a settlement that has been signed before enactment of this Act because of the application of such principle.
Read second time and referred to Senate Committee on Judiciary.
Committee on Judiciary. Hearings held.
Committee on Judiciary. Hearings held.
Committee on Judiciary. Hearings held.
Committee on Judiciary. Hearings held.
Committee on Judiciary. Committee consideration and Mark Up Session held.
Committee on Judiciary. Ordered to be reported with an amendment favorably.
Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment. With written report No. 97-359.
Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment. With written report No. 97-359.
Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 511.
Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 67-20. Record Vote No: 388.
Roll Call #388 (Senate)Cloture motion on the Committee amendment presented in Senate.
Cloture motion on the bill presented in Senate.
Considered by Senate.
Second cloture motion on the Committee amendment presented in Senate.
Considered by Senate.
First cloture motion on Committee amendment not invoked in Senate by Yea-Nay Vote. 38-58. Record Vote No: 390.
Roll Call #390 (Senate)Cloture on S.995 not invoked in Senate by Yea-Nay Vote. 44-51. Record Vote No: 391.
Roll Call #391 (Senate)Second cloture motion to the Committee amendment withdrawn by unanimous consent in Senate.
Returned to the Calendar. Calendar No. 511.
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