legislation: 97-hr-6361
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
This data as json
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| 97-hr-6361 | 97 | hr | 6361 | A bill to amend the Clayton Act to improve the procedures for consensually resolving civil antitrust actions brought by the United States. | Commerce | 1982-05-12 | 1982-05-13 | Subcommittee Hearings Held. | House | Rep. Rodino, Peter W., Jr. [D-NJ-10] | NJ | D | R000374 | 0 | Amends the Clayton Act to revise procedures for consensually resolving civil antitrust actions brought by or on behalf of the United States. Requires any proposed stipulation submitted by the United States for entry to terminate such an action or to modify any stipulation, order, or judgment entered to terminate such an action to be filed with the district court before which such action is pending. Prohibits the stipulation from being entered until 61 days after it is filed. Directs the United States, on the day the stipulation is filed, to: (1) publish it in the Federal Register; (2) file with the court a statement describing the nature and purpose of the action and the reasons in support of the stipulation; (3) file with the court and make available to the public a copy of certain documents that influenced the United States to agree to such stipulation, except to the extent that material in any document is exempt from disclosure under the Freedom of Information Act; and (4) notify persons who requested notification of such a stipulation. Specifies circumstances under which: (1) the United States may file a summary instead of a copy of data from such documents; and (2) the district court may shorten the period between the dates a stipulation may be filed and entered. Requires defendants in such an action to file descriptions of any communication with a Federal employee concerning such a stipulation and to certify that such descriptions are accurate and complete before the stipulation may be entered. Directs the United States to file with the court and make available to the public a copy of each written comment it received on the stipulation between the filing and entrance dates and a copy of any Government response. Directs the court to consider such comments and responses in determining whether to enter such stipulation. Directs the court to enter a stipulation that would terminate an action without express limitations on the defendant's future conduct unless it determines that there is substantial reason to believe that the Government would prevail in any of its claims. Directs the court to enter a stipulation that would terminate an action with express limitations on the defendant's future conduct or that would terminate or modify a stipulation, order, or judgment entered in such action if the court determines that such stipulation would represent a fair compromise, advance the purposes of the antitrust laws, or otherwise serve the public interest. Directs a court to: (1) notify the Attorney General of any determination that a stipulation should not be entered; (2) take specified actions to gather additional information necessary to reaffirm that determination; and (3) direct the Attorney General to reevaluate such stipulation and file a statement on the results of such reevaluation. Directs the court: (1) to enter such stipulation if the Attorney General determines that the United States will not request its withdrawal; and (2) to allow the United States to withdraw from such action if the addition of any new party plaintiff prevents the court from entering such stipulation. Permits a court which enters such a stipulation or allows the United States to withdraw from such an action to require the Attorney General to retain all materials gathered by the Department of Justice in connection with such action. | 2023-05-11T13:10:51Z |