Antitrust Improvement Act of 1986

Summary

Antitrust Improvement Act of 1986 - Amends the Clayton Act to authorize claims for damages based on indirect purchases, and claims on behalf of agricultural producers based on indirect sales, in antitrust actions brought by State attorneys general alleging price fixing. Entitles a defendant in such an action to allege, as a defense to a claim by a direct purchaser or seller based on the same conduct, that the direct purchaser's or seller's damages were passed on to indirect purchasers or sellers on whose behalf a claim has been brought. Requires the award for a claim based on indirect purchases or sales to be treble the amount of the overcharge or underpayment shown by the indirect purchaser or seller to be properly allocable to it. Provides that in the case where no claim by a direct purchaser or seller is pending, the defendant shall have the burden of establishing that the total overcharge or underpayment was not passed on to the indirect purchaser or seller. Prohibits duplicate awards for the same overcharge or underpayment. Entitles a person alleging injury from indirect purchases or sales to intervene in an action alleging injury from direct purchases or sales based on the same conduct, if such person requests such intervention within six months after the initial action is filed, after which time a claim by such person based on such conduct shall be barred. Allows any person alleging injury from a direct purchase or sale to intervene in an action alleging injury by an indirect purchase or sale based on the same conduct. Directs the court to consolidate such actions at the request of the defendant. Directs the State attorney general to provide public notice of the allegations of a suit alleging injury from indirect purchases or sales and a description of any direct purchasers who may be entitled to sue. Directs the plaintiff, upon initiating an action alleging injury from direct purchases or sales, to provide the State attorney general with reasonable notice of the allegations of the suit.

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Timeline

1. 21 May 1986

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 21 May 1986

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 3 June 1986

   Committee

   Committee on Judiciary. Hearings held. Hearings printed: S.Hrg. 99-712.

   Source: Committee

4. 5 June 1986

   Failed

   Committee on Judiciary. Failed to approve for reporting.

   Source: Committee

5. 9 August 1986

   Floor

   Star Print ordered S. 2481.

   Source: Floor

Votes

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Versions

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Documents

1 official file

• Introduced in Senate

  summary · EN · 21 May 1986

  Open at official source

Sponsors

• Sen. Metzenbaum, Howard M. [D-OH] · D · Sponsor
• Sen. Gorton, Slade [R-WA] · R · Sponsor
• Sen. Kennedy, Edward M. [D-MA] · D · Sponsor
• Sen. Bingaman, Jeff [D-NM] · D · Sponsor
• Sen. Stafford, Robert T. [R-VT] · R · Sponsor
• · ssju00 · Standing

Related records

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