,,ii  #aafth ,,congress  #ast ,session  
,s4 #bbcg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bc1     
#bjai ,ms4 ,klobuchar 7for herself and  
,mr4 ,blumenthal7 introduced the        
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to authorize the
 ,department of ,justice and the        
,federal ,trade ,commission to seek     
civil monetary penalties to deter       
violations of section #b of the ,sherman
 ,act1 and for other purposes4  #a4     
,short title  ,this ,act may be cited as
 the ,monopolization ,deterrence ,act of
 #bjai4  #b4 ,findings and purposes  7a7
 ,findings ,congress finds that-- 7#a7  
competitive markets are critical to     
ensuring opportunity for all people in  
the ,united ,states2  7#b7 when         
companies compete1 businesses offer the 
highest quality and choice of goods and 
services for the lowest possible prices 
to consumers and other businesses2  7#c7
 competition fosters small business     

growth1 reduces economic inequality1 and
 spurs innovation2  7#d7 in the ,united 
,states economy today1 the exercise of  
market power is substantial and growing2
  7#e7 anticompetitive exclusionary     
conduct is an important source of market
 power and a substantial threat to the  
,united ,states economy2  7#f7 the      
exercise of market power tends to lessen
 the rate of innovation1 slow the growth
 of productivity1 and increase economic 
inequality in the directly affected     
markets and economy-wide2  7#g7 the     
civil remedies currently available to   
cure violations of section #b of the    
,sherman ,act 7#ae ,u4,s4,c4 #b71       
including injunctions1 equitable        
monetary relief1 and private damages1   
have not proven sufficient1 on their    
own1 to deter anticompetitive           
exclusionary conduct2 and  7#h7 in some 
cases1 effective deterrence requires the
 imposition of civil penalties1 alone or
 in combination with existing remedies1 
including structural relief1 behavioral 

relief1 private damages1 and equitable  
monetary relief1 including disgorgement 
and restitution4  7b7 ,purposes ,the    
purposes of this ,act are-- 7#a7 to     
enable the ,department of ,justice and  
the ,federal ,trade ,commission to seek 
civil monetary penalties1 in addition to
 existing remedies1 for monopolization  
offenses and anticompetitive            
exclusionary conduct2 and  7#b7 to give 
the ,department of ,justice and the     
,federal ,trade ,commission an          
additional enforcement tool to craft    
remedies for individual violations that 
are effective to deter future unlawful  
conduct and proportionate to the gravity
 of the violation4  #c4 ,civil penalties
  7a7 ,civil penalty amendments  7#a7   
,sherman ,act ,section #b of the        
,sherman ,act 7#ae ,u4,s4,c4 #b7 is     
amended-- 7,a7 by striking ,every and   
inserting 7a7 ,every2 and  7,b7 by      
adding at the end the following3  7b7   
7#a7 ,every person who violates this    
section shall be liable to the ,united  

,states for a civil penalty of not more 
than the greater of--  7,a7 #ae percent 
of the total ,united ,states revenues of
 the person for the previous calendar   
year2 or  7,b7 #cj percent of the       
,united ,states revenues of the person  
in any part of the trade or commerce    
related to or targeted by the unlawful  
conduct under this section during the   
period of the unlawful conduct4  7#b7 ,a
 civil penalty under this section may be
 recovered in a civil action brought by 
the ,united ,states4  4  7#b7 ,federal  
,trade ,commission ,act ,section #e of  
the ,federal ,trade ,commission ,act    
7#ae ,u4,s4,c4 #de7 is amended by adding
 at the end the following3  7o7 7#a7    
,the ,commission may commence a civil   
action in a district court of the       
,united ,states against any person1     
partnership1 or corporation for a       
violation of subsection 7a77#a7         
respecting an unfair method of          
competition that constitutes a violation
 of section #b of the ,sherman ,act 7#ae

 ,u4,s4,c4 #b7 and to recover a civil   
penalty for such violation4  7#b7 ,in an
 action under paragraph 7#a71 any       
person1 partnership1 or corporation     
found to have violated subsection       
7a77#a7 respecting an unfair method of  
competition that constitutes a violation
 of section #b of the ,sherman ,act 7#ae
 ,u4,s4,c4 #b7 shall be liable for a    
civil penalty of not more than the      
greater of--  7,a7 #ae percent of the   
total ,united ,states revenues of the   
person1 partnership1 or corporation for 
the previous calendar year2 or  7,b7 #cj
 percent of the ,united ,states revenues
 of the person1 partnership1 or         
corporation in any line of commerce     
related to or targeted by the unlawful  
conduct described in paragraph 7#a7     
during the period of the unlawful       
conduct4  4  7b7 ,rule of construction  
7#a7 ,civil penalties ,the civil        
penalties provided in subsection 7b7 of 
section #b of the ,sherman ,act 7#ae    
,u4,s4,c4 #b7 and subsection 7o7 of     

section #e of the ,federal ,trade       
,commission ,act 7#ae ,u4,s4,c4 #de71 as
 added by subsection 7a7 of this        
section1 are in addition to1 and not in 
lieu of1 any other remedy provided by   
,federal law1 including under--  7,a7   
section #d or #af of the ,clayton ,act  
7#ae ,u4,s4,c4 #ae1 #bf72 or  7,b7      
section #ac7;b7 of the ,federal ,trade  
,commission ,act 7#ae ,u4,s4,c4         
#ec7;b774  7#b7 ,authorities ,nothing in
 this paragraph may be construed to     
affect any authority of the ,attorney   
,general or the ,federal ,trade         
,commission under any other provision of
 law4  #d4 ,joint civil penalty         
guidelines  7a7 ,in general ,not later  
than #a year after the date of enactment
 of this ,act1 the ,attorney ,general   
and the ,federal ,trade ,commission     
shall issue joint guidelines reflecting 
agency policies for determining the     
appropriate amount of a civil penalty to
 be sought under subsection 7b7 of      
section #b of the ,sherman ,act 7#ae    

,u4,s4,c4 #b7 and subsection 7o7 of     
section #e of the ,federal ,trade       
,commission ,act 7#ae ,u4,s4,c4 #de71 as
 added by section #c7;a7 of this ,act1  
with the goal of promoting transparency 
and crafting remedies for individual    
violations that are effective in        
deterring future unlawful conduct and   
proportionate to the gravity of the     
violation4  7b7 ,considerations ,in     
establishing the guidelines described in
 subsection 7a71 the ,attorney ,general 
and the ,federal ,trade ,commission     
shall consider the relevant factors to  
be used for calculating an appropriate  
civil penalty for a particular          
violation1 including--  7#a7 the volume 
of commerce affected2  7#b7 the duration
 and severity of the unlawful conduct2  
7#c7 any action taken or attempted by   
the person to conceal the unlawful      
conduct2  7#d7 the extent to which the  
unlawful conduct was egregious or a     
clear violation of the law2  7#e7       
whether the civil penalty is to be      

applied in combination with other       
remedies for the unlawful conduct1      
including structural remedies1          
behavioral conditions1 or equitable     
monetary relief1 including disgorgement 
and restitution2  7#f7 whether the      
person has previously engaged in the    
same or similar anticompetitive conduct2
 and  7#g7 whether the person undertook 
the conduct in violation of a           
preexisting consent decree or court     
order4  #e4 ,federal ,trade ,commission 
litigation authority ,section           
#af7;a77#b7 of the ,federal ,trade      
,commission ,act 7#ae ,u4,s4,c4         
#ef7;a77#b77 is amended-- 7#a7 in       
subparagraph 7,d71 by striking or at the
 end2  7#b7 in subparagraph 7,e7-- 7,a7 
by moving the margins #b ems to the     
left2 and  7,b7 by striking the         
semicolon and inserting 2 or2 and  7#c7 
by inserting after subparagraph 7,e7 the
 following3  7,f7 to recover civil      
penalties under section #e7o7 of this   
,act2  4