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S. 1300

A bill to provide for antitrust law violators to be subject to individual responsibility for treble the amount of damages attributable to their violations, and to assure fairness in the allocation and award of antitrust damages.

(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 99-320)

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.

Placed on Senate Legislative Calendar under General Orders. Calendar No. 679.

Sen. Thurmond, Strom [R-SC](R-SC)Sponsor
12 cosponsors3 D9 R
12cosponsors1committees10actions1amendments7subjects
  1. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 679.

  2. Committee

    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.

    Judiciary Committee
  3. Committee14000

    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.

    Judiciary Committee
  4. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  5. Committee

    Committee on Judiciary. Committee consideration and Mark Up Session held.

    Judiciary Committee
  6. Committee

    Committee on Judiciary. Committee consideration and Mark Up Session held.

    Judiciary Committee
  7. Committee

    Committee on Judiciary. Hearings held. Hearings printed: S.Hrg. 99-522.

    Judiciary Committee
  8. Committee

    Committee on Judiciary requested executive comment from Justice Department, Commerce Department, Federal Trade Commission.

    Judiciary Committee
  9. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  10. IntroReferral10000

    Introduced in Senate

Jun 6, 198601
(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 99-320)

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.

Jun 13, 198500

Amends the Clayton Act to limit a person's liability for an antitrust violation to threefold the actual damages attributable to such person's purchases or sales of goods or services where: (1) liability is based upon such person's participation in a contract, combination, or conspiracy among competitors; and (2) damages awarded are based on the impact on price of such contract, combination, or conspiracy. Provides that such limitation shall not apply to the portion of damages attributable to: (1) any person that is beyond the jurisdiction of U.S. district courts; and (2) any person whose financial incapacity precludes the full payment of damages.

A bill to provide for antitrust law violators to be subject to individual responsibility f… — Informed