A bill to provide a cause of action for parties injured in United States commerce as a result of anticompetitive barriers to United States competition abroad.

Summary

Amends the Sherman Act to create a civil cause of action by an injured party against a person who obtains benefits from anticompetitive market protection (i.e., conduct that violates the laws of a foreign jurisdiction prohibiting unreasonable restraints of trade and that inhibits competition by U.S. persons in such jurisdiction) and employs such benefits in interstate or import commerce of the United States, thereby causing injury to the business or property of another party engaged in such commerce. Makes such person liable for actual damages and the cost of the suit, including attorney fees. Authorizes the court to award simple interest on actual damages for the period beginning on the date of service of the complaint and ending on the date of judgment, or for any shorter period, if the court finds that such award is just under the circumstances (based on whether the plaintiff or defendant made motions or asserted a claim or defense so lacking in merit as to show that the party acted in bad faith; violated any rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; or engaged in conduct primarily for the purpose of delay or increasing the cost of litigation).

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Documents

2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 13 March 1992

  Open at official source

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