Antitrust Procedural Improvements Act of 1979

Summary

Antitrust Procedural Improvements Act of 1979 - Amends the Antitrust Civil Process Act to authorize the Attorney General or the Assistant Attorney General in charge of the Antitrust Division to issue civil investigative demands for depositions, interrogatories, documents, and other specified items produced during the discovery phase of private lawsuits and other proceedings. Sets forth procedures for the issuance and return of such demands. Declares that such demands supercede any inconsistent protective order, rule, or provision of law restraining disclosure of products of discovery. Stipulates that any disclosure made pursuant to such a demand shall not constitute a waiver of privilege. Permits any person retained or consulted by the Department of Justice in connection with the enforcement of the antitrust laws to examine documentary material obtained pursuant to an investigative demand. Establishes procedures to enable any person to challenge an investigative demand for products of discovery. Subjects any attorney or other person engaging in unreasonable dilatory conduct to personal liability for any resulting excess costs, expenses, and attorney's fees. Makes an unsuccessful defendant in an antitrust damage suit liable for interest at the prevailing commercial rate on the plaintiff's actual damages from the date of service of the complaint to the date of judgment. Empowers the courts to reduce or deny an award of such interest if justice requires. Amends the Clayton Act to give judgments in antitrust actions brought by the United States collateral estoppel effect in subsequent litigation. Empowers the Department of Justice to contest mergers indirectly affecting commerce.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 16 September 1980

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• Conference report filed in House

  summary · EN · 20 August 1980

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• Passed House amended

  summary · EN · 12 June 1980

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• Passed Senate amended

  summary · EN · 20 July 1979

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• Reported to Senate with amendment(s)

  summary · EN · 9 July 1979

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• Introduced in Senate

  summary · EN · 8 February 1979

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