Amends the Clayton Act to direct the court, in an antitrust action, to reduce the claim of any claimant who releases any person from liability by the greatest of: (1) a stipulated amount; (2) the consideration paid for release; or (3) the actual damages fairly allocable to the released person (or treble such damages where the claim is for treble damages) and interest thereon. Requires the court, in an action based on a contract, combination, or conspiracy among competitors, to conclusively presume that a person has been released from liability if: (1) such person has not been joined as a defendant; and (2) the defendant has established that such person is legally or practically available as a party to the action.
Requires damages based on a price-fixing agreement between competitors to be allocated on the basis of: (1) each competitor's proportionate share of the total competitors' overcharges or underpayments where the claim is based on damages sustained by reason of overcharges or payments resulting from a price-fixing agreement; or (2) each party's relative responsibility for the origination or perpetration of the antitrust violation, whichever method the court determines to be more equitable.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Monopolies and Commercial Law.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line