Protection of United States Jobs From Unfair Foreign Competition Act

Summary

Protection of United States Jobs From Unfair Foreign Competition Act - Provides a cause of action for any person injured by sales of foreign merchandise at less than its fair value, which sales: (1) injure U.S. industry or labor; (2) prevent the establishment of industry in the United States; or (3) restrain or monopolize U.S. trade or commerce in such merchandise. Provides a cause of action by any U.S. person injured by reason of: (1) a private reciprocal trade agreement with a U.S. person who has contracted to provide goods and services to the United States; or (2) violation of U.S. Government contract warranties that the contractor will not enter into or comply with such private reciprocal trade agreements. Makes it unlawful for any person with a U.S. Government contract to enter into private reciprocal trade agreements with foreigners providing for the granting of contracts or other favored treatment to the contractor in exchange for subcontracts or purchases in connection with the performance of a U.S. contract or purchase. Penalizes violators of U.S. Government contract warranties against private reciprocal trade agreements by making: (1) such persons ineligible for future U.S. Government contracts; (2) existing contracts voidable at the election of the United States, and (3) such persons liable for treble damages. Sets forth jurisdiction, venue, and subpoena provisions. Prohibits the United States from taking a position contrary to that of the plaintiff in any action brought under this Act. Requires final judgement within 120 days of filing the complaints. Permits a special master to be appointed to hear the case and make findings of fact. Directs the court to prohibit the further sale of the foreign merchandise which is the subject of the action or to require the defendant to post a bond upon the plaintiff (but not a foreign manufacturer or U.S. importer of foreign merchandise) if the plaintiff sets forth facts on which relief could be granted under this Act. Shifts the burden of proof to the defendant upon such a showing. Specifies the damages to which successful plaintiffs and the United States are entitled. Amends the Clayton Act to include this Act within the definition of "antitrust laws". Subjects violators of this Act to criminal penalties.

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1 official file

• Introduced in Senate

  summary · EN · 24 April 1980

  Open at official source

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