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 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 Senate
Read twice and referred to the Committee on Judiciary.
Committee on Judiciary requested executive comment from Justice Department, Commerce Department, Federal Trade Commission.
Committee on Judiciary. Hearings held. Hearings printed: S.Hrg. 99-522.
Committee on Judiciary. Committee consideration and Mark Up Session held.
Committee on Judiciary. Committee consideration and Mark Up Session held.
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute and an amendment to the title. With written report No. 99-320. Additional and minority views filed.
Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute and an amendment to the title. With written report No. 99-320. Additional and minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 679.
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