Page:United States Statutes at Large Volume 88 Part 2.djvu/390

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PUBLIC LAW 93-528-DEC. 21, 1974

[88 STAT.

Public Law 93-528 December 21, 1974 [S. 782]

Antitrust Procedures and P e n a l t i e s Act, 15 USC 16 note.

AN ACT To reform consent decree procedures, to increase penalties for violation of the Sherman Act, and to revise the Expediting Act as it pertains to Appellate Review. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Antitrust Procedures and Penalties Act", C O N S E N T DECREE PROCEDURES

15 USC 16,

Publication in Federal Register.

eompetitive impact statement, publication in Federal Register,

Publication in n e w s p a p e r s.

SEC. 2, Section 5 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (15 LT.S.C. 16), is amended by redesignating subsection (b) as (i) and by inserting immediately after subsection (a) the following: "(b) Any proposal for a consent judgment submitted by the United States for entry in any civil proceeding brought by or on behalf of the United States under the antitrust laws shall be filed with the district court before which such proceeding is ponding and published by the United States in the Federal Register at least 60 days prior to the effective date of such judgment. Any written comments relating to such proposal and any responses by the United States thereto, shall also be filed w4th such district court and published by the United States in the Federal Register within such sixty-day period. Copies of such proposal and any other materials and documents which the United States considered determinative in formulating such proposal, shall also be made available to the public at the district court and in such other districts as the court may subsequently direct. Simultaneously with the filing of such proposal, unless otherwise instructed by the court, the United States shall file with the district court, publish in the Federal Register-, and thereafter furnish to any percon upon request, a competitive impact statement which shall recite— " (1) the nature and purpose of the proceeding; "(2) a description of the practices or events giving rise to the alleged violation of the antitrust laws; "(3) an explanation of the proposal for a consent judgment, including an explanation of any unusual circumstances giving rise to such proposal or any provision contained therein, relief to be obtained thereby, and the anticipated effects on competition of such relief; "(4) the remedies available to potential private plaintiffs damaged by the alleged violation in the event that such proposal for the consent judgment is entered in such proceeding; "(5) a description of the procedures available for modification of such proposal; and "(6) a description and evaluation of alternatives to such proposal actually considered by the United States. "(c) The United States shall also cause to be published, commencing at least 60 days prior to the effective date of the judgment described in subsection (b) of this section, for Y days over a period of 2 weeks in newspapers of general circulation of the district in which the case has been filed, in the District of Columbia, and in such other districts as the court may direct— "(i) a summary of the terms of the proposal for the consent judgment,

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