text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Antitrust Criminal Penalty 
  Enhancement and Reform Act of 2003''.
  
   TITLE I--ANTITRUST ENFORCEMENT ENHANCEMENTS AND COOPERATION INCENTIVES
  
  SEC. 101. SUNSET.
  
      (a) In General.--Except as provided in subsection (b), the 
  provisions of sections 101 through 104 shall cease to have effect 5 
  years after the date of enactment of this Act.
      (b) Exception.--With respect to an applicant who has entered into 
  an antitrust leniency agreement on or before the date on which the 
  provisions of sections 101 through 104 of this title shall cease to 
  have effect, the provisions of sections 101 through 104 of this title 
  shall continue in effect.
  
  SEC. 102. DEFINITIONS.
  
      In this title:
              (1) Antitrust division.--The term ``Antitrust Division'' 
          means the United States Department of Justice Antitrust 
          Division.
              (2) Antitrust leniency agreement.--The term ``antitrust 
          leniency agreement,'' or ``agreement,'' means a leniency letter 
          agreement, whether conditional or final, between a person and 
          the Antitrust Division pursuant to the Corporate Leniency 
          Policy of the Antitrust Division in effect on the date of 
          execution of the agreement.
              (3) Antitrust leniency applicant.--The term ``antitrust 
          leniency applicant,'' or ``applicant,'' means, with respect to 
          an antitrust leniency agreement, the person that has entered 
          into the agreement.
              (4) Claimant.--The term ``claimant'' means a person or 
          class, that has brought, or on whose behalf has been brought, a 
          civil action described in section 104(1), except that the term 
          does not include a State or a subdivision of a State with 
          respect to a civil action brought to recover damages sustained 
          by the State or subdivision.
              (5) Cooperating individual.--The term ``cooperating 
          individual'' means, with respect to an antitrust leniency 
          agreement, a current or former director, officer, or employee 
          of the antitrust leniency applicant who is covered by the 
          agreement.
              (6) Person.--The term ``person'' has the meaning given it 
          in subsection (a) of the first section of the Clayton Act.
  
  SEC. 103. LIMITATION ON RECOVERY.
  
      (a) In General.--Subject to subsection (d), in any civil action 
  alleging a violation of section 1 or 3 of the Sherman Act, or alleging 
  a violation of any similar State law, based on conduct covered by a 
  currently effective antitrust leniency agreement, the amount of damages 
  recovered by or on behalf of a claimant from an antitrust leniency 
  applicant who satisfies the requirements of subsection (b), together 
  with the amounts so recovered from cooperating individuals who satisfy 
  such requirements, shall not exceed that portion of the actual damages 
  sustained by such claimant which is attributable to the commerce done 
  by the applicant in the goods or services affected by the violation.
      (b) Requirements.--Subject to subsection (c), an antitrust leniency 
  applicant or cooperating individual satisfies the requirements of this 
  subsection with respect to a civil action described in subsection (a) 
  if the court in which the civil action is brought determines that the 
  applicant or cooperating individual, as the case may be, has provided 
  satisfactory cooperation to the claimant with respect to the civil 
  action, which cooperation shall include--
              (1) providing a full account to the claimant of all facts 
          known to the applicant or cooperating individual, as the case 
          may be, that are potentially relevant to the civil action;
              (2) furnishing all documents or other items potentially 
          relevant to the civil action that are in the possession, 
          custody, or control of the applicant or cooperating individual, 
          as the case may be, wherever they are located; and
              (3)(A) in the case of a cooperating individual--
                      (i) making himself or herself available for such 
                  interviews, depositions, or testimony in connection 
                  with the civil action as the claimant may reasonably 
                  require; and
                      (ii) responding completely and truthfully, without 
                  making any attempt either falsely to protect or falsely 
                  to implicate any person or entity, and without 
                  intentionally withholding any potentially relevant 
                  information, to all questions asked by the claimant in 
                  interviews, depositions, trials, or any other court 
                  proceedings in connection with the civil action; or
              (B) in the case of an antitrust leniency applicant, using 
          its best efforts to secure and facilitate from cooperating 
          individuals covered by the agreement the cooperation described 
          in paragraphs (1) and (2) and subparagraph (A).
      (c) Timelines.--If the initial contact by the antitrust leniency 
  applicant with the Antitrust Division regarding conduct covered by the 
  antitrust leniency agreement occurs after a civil action described in 
  subsection (a) has been filed, then the court shall consider, in making 
  the determination concerning satisfactory cooperation described in 
  subsection (b), the timeliness of the applicant's initial cooperation 
  with the claimant.
      (d) Continuation.--Nothing in this section shall be construed to 
  modify, impair, or supersede the provisions of sections 4, 4A, and 4C 
  of the Clayton Act relating to the recovery of costs of suit, including 
  a reasonable attorney's fee, and interest on damages, to the extent 
  that such recovery is authorized by such sections.
  
  SEC. 104. RIGHTS AND AUTHORITY OF ANTITRUST DIVISION NOT AFFECTED.
  
      Nothing in this title shall be construed to--
              (1) affect the rights of the Antitrust Division to seek a 
          stay or protective order in a civil action based on conduct 
          covered by an antitrust leniency agreement to prevent the 
          cooperation described in section 103(b) from impairing or 
          impeding the investigation or prosecution by the Antitrust 
          Division of conduct covered by the agreement; or
              (2) create any right to challenge any decision by the 
          Antitrust Division with respect to an antitrust leniency 
          agreement.
  
  SEC. 105. INCREASED PENALTIES FOR ANTITRUST VIOLATIONS.
  
      (a) Restraint of Trade Among the States.--Section 1 of the Sherman 
  Act (15 U.S.C. 1) is amended by--
              (1) striking ``$10,000,000'' and inserting 
          ``$100,000,000'';
              (2) striking ``$350,000'' and inserting ``$1,000,000''; and
              (3) striking ``three'' and inserting ``10''.
      (b) Monopolizing Trade.--Section 2 of the Sherman Act (15 U.S.C. 2) 
  is amended by--
              (1) striking ``$10,000,000'' and inserting 
          ``$100,000,000'';
              (2) striking ``$350,000'' and inserting ``$1,000,000''; and
              (3) striking ``three'' and inserting ``10''.
      (c) Other Restraints of Trade.--Section 3 of the Sherman Act (15 
  U.S.C. 3) is amended by--
              (1) striking ``$10,000,000'' and inserting 
          ``$100,000,000'';
              (2) striking ``$350,000'' and inserting ``$1,000,000''; and
              (3) striking ``three'' and inserting ``10''.
      (d) Sentencing Guideline for Antitrust Offenses.--The Guidelines 
  Manual promulgated by the Sentencing Commission pursuant to section 
  994(a) of title 28, United States Code, is amended as follows:
              (1) Section 2R1.1(a) is amended by striking ``10'' and 
          inserting ``14''.
              (2) The volume of commerce table in section 2R1.1(b)(2) is 
          amended to read as follows:
              ``(2) If the volume of commerce attributable to the 
          defendant was more than $5,000,000, adjust the offense level as 
          follows:
  
  ``Volume of                                               Adjustment to
  Commerce (Apply the Greatest):                           Offense Level:
      More than $5,000,000..........................               add 1 
      More than $10,000,000.........................               add 2 
      More than $20,000,000.........................               add 4 
      More than $40,000,000.........................               add 6 
      More than $80,000,000.........................               add 8 
      More than $160,000,000........................              add 10 
      More than $320,000,000........................              add 12 
      More than $640,000,000........................              add 14 
      More than $1,000,000,000......................           add 16.''.
              (3) Section 2R1.1(c)(1) is amended by striking ``$20,000'' 
          and inserting ``$50,000''.
  
                        TITLE II--TUNNEY ACT REFORM
  
  SEC. 201. PUBLIC INTEREST DETERMINATION.
  
      Section 5 of the Clayton Act (15 U.S.C. 16) is amended--
              (1) in subsection (d), by inserting at the end the 
          following: ``Upon application by the United States, the 
          district court may, for good cause (based on a finding that the 
          expense of publication in the Federal Register exceeds the 
          public interest benefits to be gained from such publication), 
          authorize an alternative method of public dissemination of the 
          public comments received and the response to those comments.''; 
          and
              (2) in subsection (e)--
                      (A) in the matter before paragraph (1), by--
                              (i) inserting ``independently'' after 
                          ``shall'';
                              (ii) striking ``court may'' and inserting 
                          ``court shall''; and
                              (iii) inserting ``(1)'' before ``Before''; 
                          and
                      (B) striking paragraphs (1) and (2) and inserting 
                  the following:
              ``(A) the competitive impact of such judgment, including 
          termination of alleged violations, provisions for enforcement 
          and modification, duration of relief sought, anticipated 
          effects of alternative remedies actually considered, whether 
          its terms are ambiguous and any other competitive 
          considerations bearing upon the adequacy of such judgment 
          necessary to a determination of whether the consent judgment is 
          in the public interest; and
              ``(B) the impact of entry of such judgment upon competition 
          in the relevant market or markets, upon the public generally 
          and individuals alleging specific injury from the violations 
          set forth in the complaint including consideration of the 
          public benefit, if any, to be derived from a determination of 
          the issues at trial.
      ``(2) The Court shall not enter any consent judgment proposed by 
  the United States under this section unless it finds that there is 
  reasonable belief, based on substantial evidence and reasoned analysis, 
  to support the United States' conclusion that the consent judgment is 
  in the public interest. In making its determination as to whether entry 
  of the consent judgment is in the public interest, the Court shall not 
  be limited to examining only the factors set forth in this subsection, 
  but may consider any other factor relevant to the competitive impact of 
  the judgment.''.
target: Antitrust Criminal Penalty Enhancement and Reform Act of 2003 - Provides that in a civil action alleging a violation of the Sherman Act or of any similar State law based on conduct covered by an antitrust leniency agreement, the amount of damages recovered by a claimant from an applicant and cooperating individuals who satisfy this Act's requirements shall not exceed that portion of the actual damages sustained by the claimant that is attributable to the commerce done by the applicant in the goods or services affected by the violation (thus shielding organizations that cooperate with the Government from liability for treble damages).
  
  Provides that an applicant or cooperating individual satisfies this Act's requirements if the court determines that such applicant or individual has provided satisfactory cooperation to the claimant, including: (1) providing a full account of all facts known that are potentially relevant to the civil action; and (2) furnishing all potentially relevant items that are in the applicant's or cooperating individual's possession or control.
  
  Amends: (1) the Sherman Act to increase maximum prison sentences (from three years to ten years) and raise the maximum fine for individuals (from $350,000 to $1 million) for restraint of trade among the States, monopolizing trade, and other restraints of trade; and (2) the Antitrust Procedures and Penalties Act (Tunney Act) to require (current law allows) the court to consider specified factors, including the competitive impact of a judgment.
feat_title: A bill to implement antitrust enforcement enhancements and cooperation incentives.