,,ii #aagth ,,congress #ast ,session ,s4 #bjci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ad1 #bjba ,mr4 ,lee 7for himself and ,mr4 ,grassley7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve the antitrust laws1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tougher ,enforcement ,against ,monopolists ,act or the ,,team ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,definitions4 ,,title ,i--,one agency ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,findings4 ,sec4 #ajc4 ,definitions4 ,sec4 #ajd4 ,transfer of antitrust enforcement functions from the ,federal ,trade ,commission to the ,department of ,justice4 ,sec4 #aje4 ,removal of review authority from ,federal ,communications ,commission and ,state entities4 ,sec4 #ajf4 ,technical and conforming amendments4 ,sec4 #ajg4 ,effective date4 ,,title ,,ii--,mergers ,sec4 #bja4 ,premerger notification filing fees4 ,sec4 #bjb4 ,merger presumptions4 ,sec4 #bjc4 ,merger notification requirements4 ,,title ,,iii--,competition policy ,sec4 #cja4 ,competitive impact statement4 ,sec4 #cjb4 ,written explanations of enforcement and non-enforcement actions4 ,sec4 #cjc4 ,studies4 ,sec4 #cjd4 ,monopsony guidelines4 ,,title ,,iv--,restoring board immunity ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,statement of findings and purpose4 ,sec4 #djc4 ,definitions4 ,sec4 #djd4 ,antitrust immunity4 ,sec4 #dje4 ,active supervision4 ,sec4 #djf4 ,judicial review4 ,,title ,v--,other improvements to antitrust laws ,sec4 #eja4 ,overturning ,illinois ,brick and ,hanover ,shoe4 ,sec4 #ejb4 ,limitations on implied immunity from the antitrust laws4 ,sec4 #ejc4 ,prejudgment interest4 ,sec4 #ejd4 ,safe harbor for efforts to facilitate data portability and interoperability4 ,sec4 #eje4 ,study of assigning all antitrust cases to certain district courts of the ,united ,states4 ,sec4 #ejf4 ,balancing harm and benefits4 ,sec4 #ejg4 ,actions on behalf of consumers under ,sherman ,act4 ,sec4 #ejh4 ,civil fines for knowing violations of the antitrust laws4 ,sec4 #eji4 ,direct evidence of intent to avoid or restrict competition4 ,sec4 #eaj4 ,limit on contracting4 ,sec4 #eaa4 ,prohibiting discrimination in distribution4 ,sec4 #eab4 ,authorizations of appropriations4 #c4 ,definitions ,in this ,act3 7#a7 ,antitrust laws ,the term antitrust laws means-- 7,a7 the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq472 and 7,b7 the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq474 7#b7 ,assistant ,attorney ,general ,the term ,assistant ,attorney ,general means the ,assistant ,attorney ,general for the ,antitrust ,division of the ,department of ,justice4 7#c7 ,executive agency ,the term ,executive agency has the meaning given that term in section #aje of title #e1 ,united ,states ,code4 ,i ,one agency #aja4 ,short title ,this title may be cited as the ,one ,agency ,act4 #ajb4 ,findings ,congress finds the following3 7#a7 ,it is the policy of the ,united ,states to promote the vigorous1 effective1 and efficient enforcement of the antitrust laws4 7#b7 ,the overlapping antitrust enforcement jurisdiction of the ,department of ,justice and the ,federal ,trade ,commission has wasted taxpayer resources1 hampered enforcement efforts1 and caused uncertainty for businesses and consumers in the ,united ,states4 7#c7 ,it is preferable that primary ,federal responsibility for enforcing the antitrust laws of the ,united ,states be given to a single agency1 and the ,department of ,justice is best suited to do so4 #ajc4 ,definitions ,in this title3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,effective date ,the term effective date means the date described in section #ajg4 7#c7 ,,ftc antitrust action ,the term ,,ftc antitrust action means any litigation or administrative proceeding initiated by the ,commission that-- 7,a7 is supervised by an ,,ftc ,antitrust ,unit2 or 7,b7 relates to the antitrust laws or section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date4 7#d7 ,,ftc antitrust assets ,the term ,,ftc antitrust assets-- 7,a7 means all electronic or tangible records and files relating to matters supervised1 as well as any physical assets or equipment owned and used or retained1 by an ,,ftc ,antitrust ,unit2 and 7,b7 does not include any office space or leased facilities or equipment4 7#e7 ,,ftc antitrust employee ,the term ,,ftc antitrust employee means an individual who on the day before the effective date is employed by the ,federal ,trade ,commission and assigned to an ,,ftc ,antitrust ,unit4 7#f7 ,,ftc antitrust function ,the term ,,ftc antitrust function means a function of the ,commission relating to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date4 7#g7 ,,ftc antitrust funding ,the term ,,ftc antitrust funding means-- 7,a7 all amounts appropriated before the effective date by an ,act of ,congress to the ,federal ,trade ,commission that are designated1 by ,congress or the ,commission1 for an ,,ftc ,antitrust ,unit2 and 7,b7 all fees collected by the ,federal ,trade ,commission before the effective date under section #g;,a of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7 and rules issued under that section4 7#h7 ,,ftc ,antitrust ,unit ,the term ,,ftc ,antitrust ,unit means-- 7,a7 the ,bureau of ,competition of the ,commission2 and 7,b7 each division of the ,bureau of ,economics of the ,commission that is designated to work on ,,ftc antitrust actions4 7#i7 ,function ,the term function means any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program4 7#aj7 ,transition period ,the term transition period means the period beginning on the effective date of this title and ending on the later of-- 7,a7 the date that is #a year after the effective date of this title2 or 7,b7 the date that is #ahj days after the date described in subparagraph 7,a71 which may be extended by the ,assistant ,attorney ,general once for an additional #ahj days1 if the ,assistant ,attorney ,general determines that a period longer than the period described in subparagraph 7,a7 is necessary to avoid harm to the interests of the ,united ,states or the effective enforcement of the antitrust laws4 #ajd4 ,transfer of antitrust enforcement functions from the ,federal ,trade ,commission to the ,department of ,justice 7a7 ,transfer of functions 7#a7 ,in general ,except as provided in paragraph 7#c77;,d71 there shall be transferred to the ,department of ,justice all ,,ftc antitrust functions1 ,,ftc antitrust employees1 ,,ftc antitrust assets1 and ,,ftc antitrust funding on the earlier of-- 7,a7 the date determined by the ,assistant ,attorney ,general under paragraph 7#b77;,b72 or 7,b7 the end of the transition period4 7#b7 ,requirement ,the ,assistant ,attorney ,general1 taking care to minimize disruption to ongoing enforcement matters and in consultation as necessary with the ,attorney ,general1 the ,office of ,personnel ,management1 the ,general ,services ,administration1 and the ,chairman of the ,commission1 shall-- 7,a7 take all necessary actions to complete implementation of this title before the end of the transition period2 and 7,b7 determine the dates certain1 which may not be earlier than the effective date nor later than the end of the transition period1 on which the transfers under paragraph 7#a7 shall occur4 7#c7 ,personnel 7,a7 ,assignment ,an ,,ftc antitrust employee transferred to the ,department of ,justice under this title shall be assigned to the ,antitrust ,division of the ,department of ,justice4 7,b7 ,effect on personnel ,except as provided in subparagraph 7,c71 the transfer under this title of an ,,ftc antitrust employee shall not cause the employee to be separated or reduced in grade or compensation for #a year after the transfer date4 7,c7 ,executive schedule ,notwithstanding subparagraph 7,b71 the ,assistant ,attorney ,general may appoint an ,,ftc antitrust employee in a ,senior ,executive ,service position1 as defined in section #cacb of title #e1 ,united ,states ,code1 to a position within the ,antitrust ,division rate payable for a position at level #ae1 step #aj of the ,general ,schedule4 7,d7 ,voluntary nontransfer of personnel ,notwithstanding paragraph 7#a71 an ,,ftc antitrust employee may1 with the consent of the ,chairman of the ,commission1 elect to remain an employee of the ,commission assigned to a non-,,ftc ,antitrust ,unit4 7,e7 ,office space ,upon request from the ,assistant ,attorney ,general1 and in consultation as necessary with the ,general ,services ,administration1 the ,commission shall allow the ,department of ,justice to use any office space or leased facilities previously used by ,,ftc antitrust employees until such time as the ,department of ,justice may provide its own office space or facilities4 ,after the transfer of ,,ftc antitrust funding to the ,department of ,justice1 the ,department of ,justice shall compensate the ,commission for the costs of the use of such office space or leased facilities4 7,f7 ,restructuring ,notwithstanding any other provision of law1 the ,assistant ,attorney ,general is authorized to restructure the ,antitrust ,division before the expiration of the transition period1 as the ,assistant ,attorney ,general determines is appropriate1 to carry out the purposes of this title and accomplish the efficient enforcement of the antitrust laws4 7#d7 ,antitrust actions 7,a7 ,in general ,as soon as is reasonably practicable during the transition period1 all open investigations1 litigations1 matters1 or other proceedings being supervised by an ,,ftc antitrust unit and relating to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date1 shall be transferred to and assumed by the ,department of ,justice4 7,b7 ,handling of certain administrative proceedings ,administrative proceedings that were initiated by the ,commission1 were unresolved as of the first day of the transition period1 and relate to enforcement of the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date1 shall be treated in the following manner3 7i7 ,any such proceeding pending before an administrative law judge shall be dismissed without prejudice and the matter shall be referred to the ,assistant ,attorney ,general4 7ii7 ,for any such proceeding pending on appeal before the ,commission1 the administrative appeal shall cease1 the ruling of the administrative law judge shall be treated as the final decision of the ,commission1 and the ,court of ,appeals for the ,district of ,columbia ,circuit shall have jurisdiction over any appeal therefrom4 7,c7 ,intervention 7i7 ,in general ,in any ,,ftc antitrust action before a court of the ,united ,states as of the first day of the transition period1 the court shall allow the ,department of ,justice to-- 7,i7 intervene and assume representation of the ,federal ,government from the ,commission2 and 7,,ii7 amend any complaint originally brought by the ,commission for the purpose of alleging violations of statutes other than the ,federal ,trade ,commission ,act as necessary and where appropriate4 7ii7 ,scheduling order upon request ,upon the request of the ,commission or the ,department of ,justice1 and in consultation with all parties to the matter1 the court shall issue an order making such scheduling adjustments as necessary to facilitate the transfer of prosecutorial responsibilities under this subparagraph4 7,d7 ,consent decrees ,at the end of the transition period1 the ,department of ,justice shall have sole authority to enforce violations of1 approve modifications to1 or rescind any consent decree entered into by the ,commission before the effective date that concerns conduct alleged to violate the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date4 7#e7 ,authority to conduct investigative studies 7,a7 ,reports of persons1 partnerships1 and corporations 7i7 ,in general ,the ,department of ,justice may require1 by general or special orders1 persons1 partnerships1 and corporations1 engaged in or whose business affects commerce to file with the ,department in such form as the ,department may prescribe annual or special reports or answers in writing to specific questions1 furnishing to the ,department such information as the ,department may require as to the organization1 business1 conduct1 practices1 management1 and relation to other corporations1 partnerships1 and individuals of the respective persons1 partnerships1 and corporations filing such reports or answers in writing4 7ii7 ,oath ,reports and answers required under clause 7i7 shall-- 7,i7 be made under oath or otherwise as the ,department may prescribe2 7,,ii7 pertain solely to competition or the application of the antitrust laws2 and 7,,iii7 be filed with the ,department within such reasonable period as the ,department may prescribe1 unless additional time be granted in any case by the ,department4 7,b7 ,publication of information or reports 7i7 ,in general ,except as provided in clause 7ii71 the ,department of ,justice-- 7,i7 shall make public from time to time such portions of the information obtained by the ,department under this paragraph as are in the public interest2 7,,ii7 may make annual and special reports to ,congress that include recommendations for additional legislation2 and 7,,iii7 shall provide for the publication of reports and decisions of the ,department in such form and manner as may be best adapted for public information and use4 7ii7 ,prohibition against publication of privileged or confidential information 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,department of ,justice shall not make public any trade secret or any commercial or financial information that is obtained from any person and that is privileged or confidential4 7,,ii7 ,exception ,the ,department may disclose information described in subclause 7,i7 to-- 7aa7 officers and employees of appropriate ,federal law enforcement agencies or to any officer or employee of any ,state law enforcement agency upon the prior certification of an officer of any such ,federal or ,state law enforcement agency that such information will be maintained in confidence and will be used only for official law enforcement purposes2 or 7bb7 any officer or employee of any foreign law enforcement agency under the same circumstances that making material available to foreign law enforcement agencies is permitted under section #ba7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;b-#b7;b774 7#f7 ,benefit of ,antitrust ,division ,all ,,ftc antitrust assets and ,,ftc antitrust funding transferred under this subsection shall be for the exclusive use and benefit of the ,antitrust ,division of the ,department of ,justice4 7b7 ,transition period 7#a7 ,in general ,except as provided in paragraph 7#b71 beginning on the effective date1 the ,commission may not-- 7,a7 hire or assign an employee to an ,,ftc ,antitrust ,unit2 7,b7 open a new investigation or matter within an ,,ftc ,antitrust ,unit or relating to antitrust enforcement2 7,c7 without the approval of the ,assistant ,attorney ,general1 enter into a consent decree1 enter into a settlement agreement1 or otherwise resolve an ,,ftc antitrust action2 or 7,d7 initiate a new ,,ftc antitrust action4 7#b7 ,enforcement on behalf of the department of justice ,notwithstanding paragraph 7#a71 during the transition period1 the ,assistant ,attorney ,general may deputize an ,,ftc ,antitrust ,employee to investigate or prosecute an alleged violation of the antitrust laws on behalf of the ,department of ,justice before the completion of the transfer of personnel under subsection 7a77#c74 7#c7 ,same rights and obligations 7,a7 ,in general ,notwithstanding any other provision of law1 during the transition period all ,department of ,justice employees under the supervision of the ,assistant ,attorney ,general shall have the same rights and obligations with respect to confidential information submitted to the ,commission as ,,ftc antitrust employees on the day before the effective date4 7,b7 ,rule of construction ,nothing in this paragraph may be construed as implying any change to the rights and obligations described in subparagraph 7,a7 as a result of this title4 7c7 ,agreements ,the ,assistant ,attorney ,general1 in consultation with the ,chairman of the ,commission1 shall-- 7#a7 review any agreements between the ,commission and any other ,federal agency or any foreign law enforcement agency2 and 7#b7 before the end of the transition period1 seek to amend1 transfer1 or rescind such agreements as necessary and appropriate to carry out this title1 endeavoring to complete such amendment1 transfer1 or rescindment with all due haste4 7d7 ,rules ,the ,attorney ,general shall1 pursuant to section #g;,a of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7 and in accordance with section #eec of title #e1 ,united ,states ,code1 prescribe or amend any rules as necessary to carry out this title4 #aje4 ,removal of review authority from ,federal ,communications ,commission and ,state entities 7a7 ,definitions ,in this section-- 7#a7 the term covered transaction means any acquisition1 assignment1 or transfer of control of-- 7,a7 any license1 authorization1 or line subject to the jurisdiction of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq472 or 7,b7 any authorization1 certificate1 franchise1 or other instrument issued by a ,state commission or franchising authority2 and 7#b7 the terms ,state commission and franchising authority have the meanings given those terms in sections #c and #fjb1 respectively1 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec1 #ebb74 7b7 ,review of communications transactions 7#a7 ,sole responsibility of ,department of ,justice ,notwithstanding any provision of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 or any law or regulation of a ,state or political subdivision thereof1 the review of the competitive impact of any proposed covered transaction shall be solely the responsibility of the ,department of ,justice pursuant to the antitrust laws1 and neither the ,federal ,communications ,commission nor any ,state commission or franchising authority shall have any authority to conduct such review4 7#b7 ,consultation ,in reviewing the competitive impact of a proposed covered transaction1 the ,attorney ,general shall solicit and consider the views of the ,federal ,communications ,commission4 7c7 ,application of public interest standards 7#a7 ,in general ,a determination of the ,federal ,communications ,commission described in paragraph 7#b7 with respect to a proposed covered transaction shall be limited to an assessment of whether the acquirer1 assignee1 or transferee meets the technical1 financial1 character1 and citizenship qualifications that the ,commission has prescribed by rule under the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 to hold that license1 authorization1 or line4 7#b7 ,determinations ,a determination described in this paragraph is a determination pursuant to section #bad7;a7 or #caj7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bad7;a71 #caj7;d77 as to whether a proposed covered transaction would serve the public interest1 without regard to whether the determination is phrased as whether the present or future public convenience and necessity require or will require the transaction or whether the public interest1 convenience1 and necessity will be served by the transaction4 #ajf4 ,technical and conforming amendments 7a7 ,clayton ,act ,the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq47 is amended-- 7#a7 in section #b 7#ae ,u4,s4,c4 #ac7-- 7,a7 in subsection 7a71 by striking ,federal ,trade ,commission and inserting ,attorney ,general of the ,united ,states2 and 7,b7 in subsection 7b71 by striking ,commission and inserting ,attorney ,general of the ,united ,states2 7#b7 in section #e7;a7 7#ae ,u4,s4,c4 #af7;a771 in the second sentence1 by striking 1 except that1 in any action or proceeding brought under the antitrust laws1 collateral estoppel effect shall not be given to any finding made by the ,federal ,trade ,commission under the antitrust laws or under section #e of the ,federal ,trade ,commission ,act which could give rise to a claim for relief under the antitrust laws2 7#c7 in section #g 7#ae ,u4,s4,c4 #ah7-- 7,a7 in the first undesignated paragraph1 by striking and no person subject to the jurisdiction of the ,federal ,trade ,commission shall acquire the whole or any part of the assets of another person engaged also in commerce or in any activity affecting commerce2 and 7,b7 in the second undesignated paragraph1 by striking and no person subject to the jurisdiction of the ,federal ,trade ,commission shall acquire the whole or any part of the assets of one or more persons engaged in commerce or in any activity affecting commerce2 7#d7 in section #g;,a 7#ae ,u4,s4,c4 #ah;a7-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a77;,a71 in the matter preceding clause 7i71 by striking the ,federal ,trade ,commission and2 and 7ii7 in paragraph 7#b71 by striking ,federal ,trade ,commission and the2 7,b7 in subsection 7c7-- 7i7 in paragraph 7#f71 by striking the ,federal ,trade ,commission and2 and 7ii7 in paragraph 7#h71 by striking the ,federal ,trade ,commission and2 7,c7 in subsection 7d7-- 7i7 in the matter preceding paragraph 7#a71 by striking ,federal ,trade ,commission1 with the concurrence of the ,assistant ,attorney ,general and and inserting ,attorney ,general of the ,united ,states2 and 7ii7 in paragraph 7#a71 by striking the ,federal ,trade ,commission and2 7,d7 in subsection 7e7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a71 by striking ,federal ,trade ,commission or the2 and 7,,ii7 in subparagraph 7,b71 by striking and the ,federal ,trade ,commission shall each and inserting shall2 and 7ii7 in paragraph 7#b7-- 7,i7 by striking ,federal ,trade ,commission or the2 7,,ii7 by striking its or'2 7,,iii7 by striking the ,federal ,trade ,commission or each place the term appears2 and 7,,iv7 by striking 1 as the case may be12 7,e7 in subsection 7f7-- 7i7 by striking the ,federal ,trade ,commission1 alleging that a proposed acquisition violates section #g of this ,act or section #e of the ,federal ,trade ,commission ,act1 or an action is filed by2 and 7ii7 by striking the ,federal ,trade ,commission or2 7,f7 in subsection 7g77#b71 in the matter following subparagraph 7,c71 by striking the ,federal ,trade ,commission or2 7,g7 in subsection 7h71 by striking or the ,federal ,trade ,commission2 7,h7 in subsection 7i7-- 7i7 in paragraph 7#a71 by striking the ,federal ,trade ,commission or each place the term appears2 and 7ii7 in paragraph 7#b7-- 7,i7 by striking or the ,federal ,trade ,commission2 and 7,j7 by striking 1 the ,federal ,trade ,commission ,act12 and 7#e7 in section #h7;a77#e7 7#ae ,u4,s4,c4 #ai7;a77#e771 in the second sentence1 by striking ,federal ,trade ,commission and inserting ,attorney ,general of the ,united ,states4 7b7 ,charitable ,gift ,annuity ,antitrust ,relief ,act of #aiie ,section #c7a7 of the ,charitable ,gift ,annuity ,antitrust ,relief ,act of #aiie 7#ae ,u4,s4,c4 #cg;a7#a77 is amended by striking 1 except that such term includes section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent that such section #e applies to unfair methods of competition4 7c7 ,pension ,funding ,equity ,act of #bjjd ,section #bjg7;b77#a77;,a77i7 of the ,pension ,funding ,equity ,act of #bjjd 7#ae ,u4,s4,c4 #cg;b7b77#a77;,a77i77 is amended by striking 1 except that such term includes section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent such section #e applies to unfair methods of competition4 7d7 ,federal ,trade ,commission ,act ,the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 is amended-- 7#a7 in section #e 7#ae ,u4,s4,c4 #de7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking methods of competition in or affecting commerce1 and unfair2 7ii7 by striking paragraph 7#c72 and 7iii7 by redesignating paragraph 7#d7 as paragraph 7#c72 7,b7 in subsection 7b7-- 7i7 in the first sentence1 by striking unfair method of competition or2 and 7ii7 in the fifth sentence-- 7,i7 by striking the method of competition or2 and 7,,ii7 by striking method of competition or such2 7,c7 in subsection 7c7-- 7i7 in the first sentence-- 7,i7 by striking method of competition or2 and 7,,ii7 by striking method of competition or the2 and 7ii7 in the third sentence1 by striking or to competitors2 7,d7 by striking subsection 7e72 7,e7 in subsection 7g71 by striking paragraph 7#d72 and 7,f7 in subsection 7n71 in the first sentence1 by striking or to competition2 7#b7 in section #f 7#ae ,u4,s4,c4 #df7-- 7,a7 by striking subsections 7c7 through 7e7 and 7i72 7,b7 by redesignating-- 7i7 subsections 7f71 7g71 and 7h7 as subsections 7c7 through 7e71 respectively2 and 7ii7 subsections 7j7 through 7l7 as subsections 7f7 through 7h71 respectively2 7,c7 in subsection 7f77#a71 as so redesignated1 by striking other than ,federal antitrust laws 7as defined in section #ab7e7 of the ,international ,antitrust ,enforcement ,assistance ,act of #aiid 7#ae ,u4,s4,c4 #fbaa7e77712 and 7,d7 in subsection 7h77#b71 as so redesignated1 in the matter preceding subparagraph 7,a71 by striking or competition2 7#c7 by repealing section #g 7#ae ,u4,s4,c4 #dg72 7#d7 in section #aa 7#ae ,u4,s4,c4 #ea71 by striking antitrust ,acts or the each place the term appears2 7#e7 in section #ah 7#ae ,u4,s4,c4 #eg;a7a77#b771 by striking the second sentence2 7#f7 in section #bj 7#ae ,u4,s4,c4 #eg;b-#a7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by striking or in any antitrust violations2 7ii7 in paragraph 7#c71 by striking or any provisions relating to antitrust violations2 7iii7 in paragraph 7#g71 by striking or any antitrust violation2 and 7iv7 by striking paragraph 7#h72 7,b7 in subsection 7c77#a71 by striking or to antitrust violations12 and 7,c7 in subsection 7j77#a71 by striking 1 any proceeding under section #aa7;b7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ba7;b7712 7#g7 in section #ba7;b77#f7 7#ae ,u4,s4,c4 #eg;b-#b7;b77#f771 in the matter following subparagraph 7,d71 by striking paragraphs 7#e7 and 7#g7 and inserting paragraphs 7#d7 and 7#f72 and 7#h7 in section #ba;,a 7#ae ,u4,s4,c4 #eg;b-#b;a7-- 7,a7 by striking subsection 7f72 7,b7 by redesignating subsection 7g7 as subsection 7f72 7,c7 in subsection 7f71 as so redesignated1 by striking subsection 7g7 each place the term appears and inserting subsection 7f72 and 7,d7 in section #bd 7#ae ,u4,s4,c4 #eg;b-#e7;a771 by striking for any conduct which1 because of the provisions of the ,act entitled ,an ,act to authorize association of producers of agricultural products1 approved ,february #ah1 #aibb 7#g ,u4,s4,c4 #bia et seq41 commonly known as the ,capper-,volstead ,act71 is not a violation of any of the antitrust ,acts or this ,act4 7e7 ,webb-,pomerene ,act ,the ,webb-,pomerene ,act 7#ae ,u4,s4,c4 #fa et seq47 is amended-- 7#a7 by repealing section #d 7#ae ,u4,s4,c4 #fd72 and 7#b7 in section #e-- 7,a7 in the first undesignated paragraph-- 7i7 in the first sentence1 by striking ,federal ,trade ,commission and inserting ,attorney ,general of the ,united ,states2 and 7ii7 in the second sentence1 by striking commission each place the term appears and inserting ,attorney ,general of the ,united ,states2 7,b7 in the second undesignated paragraph-- 7i7 in the first sentence1 by striking ,federal ,trade ,commission and inserting ,attorney ,general of the ,united ,states2 and 7ii7 by striking the third sentence2 and 7,c7 by striking the third undesignated paragraph4 7f7 ,wool ,products ,labeling ,act of #aici ,the ,wool ,products ,labeling ,act of #aici 7#ae ,u4,s4,c4 #fh et seq47 is amended-- 7#a7 by striking an unfair method of competition1 and each place the term appears2 and 7#b7 in section #fh;g7b71 by striking an unfair method of competition and4 7g7 ,fur ,products ,labeling ,act ,the ,fur ,products ,labeling ,act 7#ae ,u4,s4,c4 #fi et seq47 is amended by striking an unfair method of competition1 and each place the term appears4 7h7 ,textile ,fiber ,products ,identification ,act ,the ,textile ,fiber ,products ,identification ,act 7#ae ,u4,s4,c4 #gj et seq47 is amended-- 7#a7 by striking an unfair method of competition1 and each place the term appears2 and 7#b7 in section #c 7#ae ,u4,s4,c4 #gj;a71 by striking an unfair method of competition and each place the term appears4 7i7 ,antitrust ,civil ,process ,act ,section #d7;d7 of the ,antitrust ,civil ,process ,act 7#ae ,u4,s4,c4 #acac7;d77 is amended-- 7#a7 in paragraph 7#a71 by striking 7#a7 ,whoever and inserting ,whoever2 and 7#b7 by striking paragraph 7#b74 7j7 ,international ,antitrust ,enforcement ,assistance ,act of #aiid ,the ,international ,antitrust ,enforcement ,assistance ,act of #aiid 7#ae ,u4,s4,c4 #fbja et seq47 is amended-- 7#a7 in section #b 7#ae ,u4,s4,c4 #fbja71 in the matter preceding paragraph 7#a71 by striking and the ,federal ,trade ,commission2 7#b7 in section #c7;b7 7#ae ,u4,s4,c4 #fbjb7;b771 by striking and the ,commission may1 using their respective authority to investigate possible violations of the ,federal antitrust laws1 and inserting may2 7#c7 in section #e7a7 7#ae ,u4,s4,c4 #fbjd7a771 by striking or the ,commission each place the term appears2 7#d7 in section #f 7#ae ,u4,s4,c4 #fbje7-- 7,a7 by striking or the ,commission2 and 7,b7 by striking #f7;f7 and inserting #f7;c72 7#e7 in section #g 7#ae ,u4,s4,c4 #fbjf7-- 7,a7 by striking 1 with the concurrence of the ,commission1 each place the term appears2 and 7,b7 in subsection 7c77#b77;,b71 by striking and the ,commission2 7#f7 in section #h 7#ae ,u4,s4,c4 #fbjg7-- 7,a7 by striking ,neither the ,attorney ,general nor the ,commission may each place the term appears and inserting ,the ,attorney ,general may not2 7,b7 in subsection 7a71 by striking or the ,commission1 as the case may be12 7,c7 in subsection 7b71 by striking or the ,commission2 and 7,d7 in subsection 7c7-- 7i7 by striking or the ,commission2 and 7ii7 by striking or the ,commission1 as the case may be12 7#g7 in section #aj 7#ae ,u4,s4,c4 #fbji7-- 7,a7 in subsection 7a7-- 7i7 by striking 1 the ,commission12 and 7ii7 by striking 7a7 ,in ,general4--,the and inserting ,the2 and 7,b7 by striking subsection 7b72 7#h7 in section #ab 7#ae ,u4,s4,c4 #fbaa7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking and the ,commission jointly determine and inserting determines2 7,,ii7 by striking jointly2 and 7,,iii7 by striking and the ,commission2 7ii7 in subparagraph 7,a7-- 7,i7 by striking and the ,commission each place the term appears2 and 7,,ii7 by striking provide and inserting provides2 7iii7 in subparagraph 7,e77ii71 in the matter preceding subclause 7,i71 by striking or the ,commission1 as the case may be12 7iv7 in subparagraph 7,f7-- 7,i7 by striking or the ,commission2 and 7,,ii7 by striking or the ,commission1 respectively12 and 7v7 in subparagraph 7,h7-- 7,i7 in clause 7i7-- 7aa7 by striking or the ,commission2 and 7bb7 by striking or the ,commission1 respectively12 and 7,,ii7 in clause 7ii71 by striking or the ,commission each place the term appears2 7,b7 by striking paragraph 7#d72 7,c7 by redesignating paragraphs 7#e7 through 7#i7 as paragraphs 7#d7 through 7#h71 respectively2 and 7,d7 in paragraph 7#d71 as so redesignated1 by striking but also includes section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent that such section #e applies to unfair methods of competition2 and 7#i7 in section #ac 7#ae ,u4,s4,c4 #fbab7-- 7,a7 by striking and the ,commission are and inserting is2 and 7,b7 by striking or the ,commission1 respectively14 7k7 ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc ,subtitle ,b of title ,,xi of the ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc 7,public ,law #ajh-agc2 #aag ,stat4 #bdfa7 is amended-- 7#a7 in the subtitle heading1 by striking ,federal ,trade ,commission and inserting ,antitrust2 7#b7 in section #aaaa 7#ba ,u4,s4,c4 #cee note7-- 7,a7 by striking paragraph 7#h72 and 7,b7 by redesignating paragraphs 7#i7 through 7#ab7 as paragraphs 7#h7 through 7#aa71 respectively2 7#c7 in section #aaab7;c7 7#ba ,u4,s4,c4 #cee note71 by striking and the ,commission each place the term appears2 7#d7 in section #aaac 7#ba ,u4,s4,c4 #cee note71 by striking and the ,commission2 7#e7 in section #aaad 7#ba ,u4,s4,c4 #cee note71 by striking or the ,commission2 7#f7 in section #aaae 7#ba ,u4,s4,c4 #cee note7-- 7,a7 in subsection 7a71 by striking 1 or brought by the ,commission in accordance with the procedures established in section #af7;a77#a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ef7;a772 and 7,b7 in subsection 7b71 by striking or the ,commission2 7#g7 in section #aaaf 7#ba ,u4,s4,c4 #cee note71 in the matter preceding paragraph 7#a71 by striking ,commission1 with the concurrence of the ,assistant ,attorney ,general and inserting ,attorney ,general2 and 7#h7 in section #aaag 7#ba ,u4,s4,c4 #cee note71 by striking or the ,commission each place the term appears4 7l7 ,other laws ,for any other provision of law requiring the ,assistant ,attorney ,general or the ,attorney ,general to consult with or seek the concurrence of the ,commission or the ,chairman of the ,commission1 where such requirement relates to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date1 that requirement shall be waived4 #ajg4 ,effective date ,except where explicitly provided otherwise1 this title and the amendments made by this title shall take effect on the start of the first fiscal year that is at least #ij days after the date of enactment of this title4 ,,ii ,mergers #bja4 ,premerger notification filing fees ,section #fje of ,public ,law #aja-afb 7#ae ,u4,s4,c4 #ah;a note7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking #de1jjj and inserting #cj1jjj2 7ii7 by striking #ajj1jjj1jjj and inserting #afa1ejj1jjj2 7iii7 by striking #bjjd and inserting #bjbb2 and 7iv7 by striking #bjjc and inserting #bjba2 7,b7 in paragraph 7#b7-- 7i7 by striking #abe1jjj and inserting #ajj1jjj2 7ii7 by striking #ajj1jjj1jjj and inserting #afa1ejj1jjj2 7iii7 by striking but less and inserting but is less2 and 7iv7 by striking and at the end2 7,c7 in paragraph 7#c7-- 7i7 by striking #bhj1jjj and inserting #bej1jjj2 and 7ii7 by striking the period at the end and inserting but is less than #a1jjj1jjj1jjj 7as so adjusted and published722 and 7,d7 by adding at the end the following3 7#d7 #djj1jjj if the aggregate total amount determined under section #g;,a7a77#b7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7a77#b77 is not less than #a1jjj1jjj1jjj 7as so adjusted and published7 but is less than #b1jjj1jjj1jjj 7as so adjusted and published72 7#e7 #hjj1jjj if the aggregate total amount determined under section #g;,a7a77#b7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7a77#b77 is not less than #b1jjj1jjj1jjj 7as so adjusted and published7 but is less than #e1jjj1jjj1jjj 7as so adjusted and published72 and 7#f7 #a1bej1jjj if the aggregate total amount determined under section #g;,a7a77#b7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7a77#b77 is not less than #e1jjj1jjj1jjj 7as so adjusted and published74 2 and 7#b7 by adding at the end the following3 7c7 7#a7 ,for each fiscal year commencing after ,september #cj1 #bjbb1 the filing fees in this section shall be increased each year by an amount equal to the percentage increase1 if any1 in the ,gross ,national ,product of the ,united ,states1 as determined by the ,department of ,labor or its successor1 for the year then ended over the level so established for the year ending ,september #cj1 #bjba4 7#b7 ,as soon as practicable1 but not later than ,january #ca of each year1 the ,attorney ,general shall publish the adjusted amounts required by paragraph 7#a74 7#c7 ,the ,attorney ,general shall not adjust amounts required by paragraph 7#a7 if the percentage increase described in paragraph 7#a7 is less than #a percent4 7#d7 ,an amount adjusted under this section shall be rounded to the nearest multiple of #e1jjj4 4 #bjb4 ,merger presumptions ,section #g of the ,clayton ,act 7#ae ,u4,s4,c4 #ah71 as amended by section #ajf of this ,act1 is amended-- 7#a7 by striking all that proceeds person engaged in commerce and inserting the following3 #g4 ,acquisition by one corporation of stock of another 7a7 ,in general ,no 2 7#b7 by striking ,no person shall acquire1 and inserting the following3 7b7 ,acquisition of persons engaged in commerce ,no person shall acquire 2 7#c7 by striking ,this section shall not apply and inserting the following3 7d7 ,not lessening competition ,this section shall not apply 2 7#d7 by striking ,nor shall anything herein and inserting the following3 7e7 ,common carriers ,nor shall anything herein 2 7#e7 by striking ,nothing contained in this section shall be held and inserting the following3 7f7 ,hold harmless ,nothing contained in this section shall be held 2 7#f7 by striking ,nothing contained in this section shall apply to transactions and inserting the following3 7g7 ,certain transactions ,nothing contained in this section shall apply to transactions 2 and 7#g7 by inserting after subsection 7b71 as so designated by this section1 the following3 7c7 ,actions by ,united ,states 7#a7 ,in general ,the ,united ,states may initiate a proceeding to enjoin a transaction prohibited by this section4 7#b7 ,rebuttable presumptions 7,a7 ,in general ,in a proceeding initiated by the ,united ,states to enjoin a transaction prohibited by this section1 it shall be presumed that the effect of a transaction may be substantially to lessen competition1 or to tend to create a monopoly1 if-- 7i7 the ,united ,states shows by a preponderance of the evidence that1 as a result of the transaction1 the combined firm would be able meaningfully to increase prices or reduce output1 innovation1 or quality in a market2 or 7ii7 7,i7 the transaction would combine persons that compete1 would compete1 or would attempt to compete against each other1 absent the transaction2 and 7,,ii7 the combined firm would have a post-transaction share of the market that-- 7aa7 is greater than #cc percent2 or 7bb7 if the acquiring person is owned or controlled by a foreign government1 is greater than #e percent4 7,b7 ,rebuttal ,a defendant may rebut a presumption under clause 7i7 or 7ii7 of subparagraph 7,a7 only if the defendant demonstrates by a preponderance of the evidence that-- 7i7 the combined parties post-transaction would not be able to exercise market power2 or 7ii7 the anticompetitive effects of the transaction-- 7,i7 are insubstantial2 or 7,,ii7 are clearly outweighed by the procompetitive benefits of the transaction in the relevant market4 7,c7 ,rule of construction ,the presumptions under clauses 7i7 and 7ii7 of subparagraph 7,a7 shall not limit any other presumption courts have created or used or may create or use in resolving cases under this section4 7#c7 ,irrebuttable presumption ,in a proceeding initiated by the ,united ,states to enjoin a transaction prohibited by this section1 except to the extent the transaction is necessary to prevent serious harm to the national economy1 the effect of a transaction shall be deemed to substantially to lessen competition1 or to tend to create a monopoly1 if-- 7,a7 the transaction would combine persons that compete1 would compete1 or would attempt to compete against each other absent the transaction2 and 7,b7 the combined firm would have a post-transaction share of the market that is greater than #ff percent4 4 #bjc4 ,merger notification requirements 7a7 ,in general ,section #g;,a7a77#b7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7a77#b77 is amended-- 7#a7 by redesignating subclause 7,,iii7 of subparagraph 7,b77ii7 as item 7bb72 7#b7 by striking 7ii77,i7 any voting and all that follows through 7,,ii7 any voting securities or assets of a person not engaged in manufacturing and inserting 7,,ii77aa7 any voting securities or assets of a person2 7#c7 by striking 7,b77i7 in excess and inserting 7ii77,i7 in excess2 7#d7 by striking 7,a7 in excess and inserting 7i7 in excess2 7#e7 by inserting 7,a7 after 7#b72 7#f7 by striking published7 or more4 and inserting published7 or more2 or2 and 7#g7 by inserting after subparagraph 7,a71 as so redesignated1 the following3 7,b7 except with respect to an acquisition made solely for the purpose of investment1 the acquiring person-- 7i7 has assets in excess of #ejj1jjj1jjj1jjj2 or 7ii7 is owned or controlled by a foreign government4 4 7b7 ,repeal of limited nexus to commerce in the ,united ,states exception 7#a7 ,in general ,the ,assistant ,attorney ,general shall amend sections #hjb4ej and #hjb4ea of title #af1 ,code of ,federal ,regulations1 and any other rule or regulation1 to repeal any exception from filing a notification under subsection 7a7 of section #g;,a of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7 or from the waiting period described in subsection 7b77#a7 of such section with respect to an acquisition on the basis that the acquisition has a limited nexus with the ,united ,states4 7#b7 ,limitation ,the ,assistant ,attorney ,general may not promulgate or enforce any rule that excludes from the requirements under section #g;,a of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7 any acquisition by or of a person engaged in commerce or in any activity affecting commerce on the basis that the acquisition has a limited nexus with the ,united ,states4 ,,iii ,competition policy #cja4 ,competitive impact statement 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget4 7#b7 ,agency2 significant regulatory action ,the terms agency and significant regulatory action have the meanings given those terms in section #c of the ,executive ,order4 7#c7 ,executive ,order ,the term ,executive ,order means ,executive ,order #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review74 7b7 ,requirement ,in reviewing a significant regulatory action of an agency in accordance with the ,executive ,order1 the ,administrator shall prepare and submit to the agency a competitive impact statement that-- 7#a7 identifies any way in which the significant regulatory action may impact or harm competition in the market to which the significant regulatory action applies2 and 7#b7 provides guidance on how the significant regulatory could be revised to minimize the impact or harm to competition in that market4 #cjb4 ,written explanations of enforcement and non-enforcement actions 7a7 ,in general ,the ,assistant ,attorney ,general shall prepare and preserve a written explanation of any decision by the ,federal ,government not to file a civil action under the antitrust laws after the use of compulsory process by the ,federal ,government4 7b7 ,availability to ,congress ,upon request by any ,member of ,congress1 the ,assistant ,attorney ,general shall make available an unredacted version of a written explanation described in subsection 7a74 ,a ,member of ,congress shall not disclose an unredacted version of a written explanation received under this subsection4 7c7 ,public availability 7#a7 ,in general ,the ,assistant ,attorney ,general shall make a written explanation described in subsection 7a7 publicly available if all subjects of the investigation have acknowledged the existence of the investigation4 7#b7 ,other availability ,a written explanation described in subsection 7a7 may be disclosed in accordance with the procedures and limitations under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 or any other applicable provision of law4 7#c7 ,redaction ,information in a written explanation described in subsection 7a7 that is made publicly available shall be redacted to protect confidential or competitively sensitive information1 which may include the identities of the subjects of the investigation when appropriate4 #cjc4 ,studies 7a7 ,institutional investors ,not later than #b years after the date of enactment of this ,act1 the ,assistant ,attorney ,general1 in consultation with the ,securities and ,exchange ,commission1 shall conduct and publish a study1 using any compulsory process reasonably necessary1 relying on public data and information if available and sufficient1 and incorporating public comment1 on-- 7#a7 the extent to which an institutional investor or related institutional investors have ownership or control interests in competitors in moderately concentrated or concentrated markets2 7#b7 the economic impacts of such overlapping ownership or control2 and 7#c7 the mechanisms by which an institutional investor could affect competition among the companies in which it invests and whether such mechanisms are prevalent4 7b7 ,self-,preferencing by digital platforms ,not later than #b years after the date of enactment of this ,act1 the ,assistant ,attorney ,general shall conduct and publish a study1 using any compulsory process reasonably necessary1 relying on public data and information if available and sufficient1 and incorporating public comment1 on self-preferencing by digital platforms4 7c7 ,technology merger retrospective ,not later than #b years after the date of enactment of this ,act1 the ,assistant ,attorney ,general shall-- 7#a7 conduct a retrospective analysis of mergers involving technology companies completed during the #ae-year period ending on the date of enactment of this ,act2 and 7#b7 publish a report of the findings of the analysis1 which shall include an analysis of the adequacy of any enforcement actions or settlement agreements regarding such mergers4 #cjd4 ,monopsony guidelines ,the ,assistant ,attorney ,general shall publicly issue guidelines regarding how the ,antitrust ,division of the ,department of ,justice analyzes and approaches a matter involving a monopsony under the antitrust laws4 ,,iv ,restoring board immunity #dja4 ,short title ,this title may be cited as the ,restoring ,board ,immunity ,act of #bjba or the ,,rbi ,act4 #djb4 ,statement of findings and purpose ,congress finds the following3 7#a7 ,the prevalence of occupational licensing has increased dramatically in recent decades1 in part because private interests have sought licensing in order to limit competition4 7#b7 ,occupational licensing often limits opportunities for workers1 frustrates entrepreneurs seeking to introduce new business models1 and raises prices paid by consumers4 7#c7 ,licensing should be imposed only to combat real1 substantial threats to public health1 safety1 or welfare and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest4 7#d7 ,regulators should consider a range of less restrictive alternatives before enacting an occupational licensing regime1 which may include inspections1 bonding or insurance requirements1 registration1 and voluntary certification4 7#e7 ,voluntary certification provides a particularly significant alternative to licensure1 as it allows market participants to signal to consumers the attainment of personal qualifications without limiting entry into the marketplace4 7#f7 ,the failure of ,state governments to adopt less restrictive alternatives to licensing1 and less burdensome requirements in those areas where licensing is deemed necessary1 has resulted in significant costs to consumers and the broader economy4 7#g7 ,the ,united ,states ,supreme ,court responded to these concerns in ,north ,carolina ,board of ,dental ,examiners v4 ,,ftc1 #ace ,s4 ,ct4 #aaja 7#bjae71 holding that self-interested licensing boards may be subject to liability under the antitrust laws1 but that decision has also created significant uncertainty for the ,states and their licensing boards4 7#h7 ,some ,states have responded to the decision in ,north ,carolina ,board of ,dental ,examiners by establishing a layer of bureaucratic oversight that merely monitors board actions for consistency with ,state licensing laws4 ,this response is a missed opportunity for reform1 as it does not address the specific competition concern raised in ,north ,carolina ,board of ,dental ,examiners or the underlying problems with over-reliance on occupational licensure as a regulatory approach and with overly broad enforcement of licensing laws as a means to regulate commercial activities outside an occupation's scope of practice4 7#i7 ,legislation is necessary to clarify the requirements of active supervision1 both to offer ,states a clear and certain mechanism to immunize their occupational boards and to make clear that mere bureaucratic oversight to ensure consistency with ,state licensing laws does not suffice to confer immunity4 7#aj7 ,this title is intended to offer ,states a choice between two alternative routes to achieve immunity for their occupational licensing boards--either establishing a mechanism for meaningful active supervision of licensing boards by ,state officials or establishing a mechanism for meaningful judicial review of board actions in the ,state courts4 #djc4 ,definitions ,in this title3 7#a7 ,certification ,the term certification means a voluntary program under which-- 7,a7 a private organization 7in the case of private certification7 or the government of a ,state 7in the case of government certification7 authorizes an individual who meets certain personal qualifications to use certified as a designated title with respect to the performance of a lawful occupation2 and 7,b7 a non-certified individual may perform the lawful occupation for compensation but may not use the title certified4 7#b7 ,good faith ,the term good faith1 with respect to performance-- 7,a7 means diligent performance that is directed towards achieving the policies set forth in this title2 7,b7 does not include performance that is-- 7i7 designed to subvert or evade the policies set forth in this title2 or 7ii7 carried out in a manner that has the systematic effect of subverting or evading the policies set forth in this title2 and 7,c7 refers to an objective1 rather than subjective1 standard4 7#c7 ,lawful occupation ,the term lawful occupation means a course of conduct1 pursuit1 or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling the goods or services is subject to occupational licensing laws4 7#d7 ,least restrictive regulation ,the term least restrictive regulation means1 from least to most restrictive3 7,a7 ,one or more of the following1 each of which shall be considered equally restrictive3 7i7 ,market competition4 7ii7 ,industry or consumer-related ratings and reviews4 7iii7 ,private certification4 7iv7 ,a specific private civil cause of action to remedy consumer harm4 7v7 ,a deceptive trade practice act4 7vi7 ,a regulation of the process of providing the specific goods or services to consumers4 7vii7 ,inspections4 7viii7 ,bonding or insurance4 7ix7 ,registration4 7x7 ,government certification4 7,b7 ,specialty occupational license for medical reimbursement4 7,c7 ,occupational license4 7#e7 ,less restrictive alternatives to occupational licensing ,the term less restrictive alternatives to occupational licensing-- 7,a7 means regulations that achieve the public health or safety goals asserted by the government to justify licensing while imposing a less onerous restriction on entry into the marketplace2 and 7,b7 includes the alternative forms of regulation described in paragraph 7#d77;,a74 7#f7 ,member1 officer1 or employee ,the term member1 officer1 or employee1 with respect to an occupational licensing board1 means an individual appointed by a ,state to the board4 7#g7 ,occupational license ,the term occupational license means a nontransferable authorization under law for an individual to perform a lawful occupation for compensation based on meeting personal qualifications established by the ,state government4 7#h7 ,occupational licensing board ,the term occupational licensing board or board means an entity established under ,state law-- 7,a7 the express purpose of which is to regulate the personal qualifications required to engage in or practice a particular lawful occupation2 7,b7 that has authority conferred by ,state law to interpret or enforce the occupational licensing laws of the ,state2 and 7,c7 not less than #b_/c of the members of which are appointed by an elected official of the ,state4 7#i7 ,occupational licensing law ,the term occupational licensing law-- 7,a7 means a ,state statute that allows an individual to work in a lawful occupation and use an occupational title2 and 7,b7 does not include a business license1 facility license1 building permit1 or zoning and land use regulation1 except to the extent that the law regulates an individual's personal qualifications to engage in or practice a lawful occupation4 7#aj7 ,occupational regulation ,the term occupational regulation-- 7,a7 means a statute1 rule1 practice1 policy1 or other law that substantially burdens an individual's ability to work in a lawful occupation2 7,b7 includes a regulation requiring registration1 certification1 or an occupational license2 and 7,c7 does not include a business license1 facility license1 building permit1 or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual's ability to work in a lawful occupation4 7#aa7 ,personal qualifications ,the term personal qualifications means criteria related to an individual's personal background and characteristics1 including completion of an approved educational program1 satisfactory performance on an examination1 work experience1 other evidence of attainment of requisite skills or knowledge1 moral standing1 criminal history1 and completion of continuing education4 7#ab7 ,registration ,the term registration means a requirement that an individual give notice to the government of a ,state that may include-- 7,a7 the individual's name and address2 7,b7 the individual's agent for service of process2 7,c7 the location of the activity to be performed2 and 7,d7 a description of the service the individual provides4 7#ac7 ,specialty occupational license for medical reimbursement ,the term specialty occupational license for medical reimbursement means a nontransferable authorization in law for an individual to qualify for payment or reimbursement from a government agency for the non-exclusive provision of medical services based on meeting personal qualifications established by the ,state legislature4 7#ad7 ,state ,the term ,state means-- 7,a7 each of the several ,states2 and 7,b7 the ,district of ,columbia4 #djd4 ,antitrust immunity 7a7 ,in general ,subject to subsection 7b71 the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq47 shall not apply to any action of an occupational licensing board of a ,state1 or any action of a member1 officer1 or employee of the board acting in the official capacity of that member1 officer1 or employee1 if-- 7#a7 the requirements under section #dje of this title are satisfied2 or 7#b7 the requirements under section #djf of this title are satisfied4 7b7 ,requirement of good faith ,the immunity provided under subsection 7a7 shall not apply to any action of an occupational licensing board of a ,state1 or any action of a member1 officer1 or employee of the board acting in the official capacity of that member1 officer1 or employee1 unless the ,state acts in good faith to perform the applicable requirements under section #dje or #djf of this title4 7c7 ,existing entities or procedures ,the fact that a ,state governmental entity or procedure was established before the date of enactment of this ,act shall not prevent an occupational licensing board of the ,state1 or a member1 officer1 or employee of that board1 from qualifying for immunity under subsection 7a7 if the ,state governmental entity or procedure satisfies the applicable requirements under section #dje or #djf of this title4 7d7 ,savings clause ,the immunity provided under subsection 7a7 shall not apply to an action unrelated to regulating the personal qualifications required to engage in or practice a lawful occupation1 such as rules of an occupational licensing board governing minimum prices or residency requirements4 #dje4 ,active supervision 7a7 ,in general ,the immunity under section #djd7;a7 shall apply to any action of an occupational licensing board of a ,state1 or any action of a member1 officer1 or employee of that board acting in the official capacity of that member1 officer1 or employee1 if-- 7#a7 the actions of the occupational licensing board or member1 officer1 or employee are authorized by a non-frivolous interpretation of the occupational licensing laws of the ,state2 7#b7 the ,state adopts a policy of using less restrictive alternatives to occupational licensing to address real1 substantial threats to public health1 safety1 or welfare1 in accordance with subsection 7b7 of this section2 and 7#c7 the ,state enacts legislation providing for active supervision of the actions of an occupational licensing board and any member1 officer1 or employee of such a board1 in accordance with subsection 7c7 of this section4 7b7 ,policy ,the ,state shall adopt a policy providing that-- 7#a7 occupational licensing laws should be construed and applied to-- 7,a7 protect public health1 safety1 and welfare2 and 7,b7 increase economic opportunity1 promote competition1 and encourage innovation2 7#b7 regulators should displace competition through occupational licensing laws only if less restrictive alternatives to occupational licensing will not suffice to protect consumers from real1 substantial threats to public health1 safety1 or welfare2 and 7#c7 an occupational licensing law should be enforced against an individual only to the extent the individual sells goods or services that are included explicitly in the statute or regulation that defines the occupation's scope of practice4 7c7 ,active supervision 7#a7 ,in general ,the legislation enacted under subsection 7a77#c7 shall satisfy each of the requirements under this subsection4 7#b7 ,day-to-day supervision 7,a7 ,establishment of ,office of ,supervision of ,occupational ,boards ,the ,state shall establish an ,office of ,supervision of ,occupational ,boards 7referred to in this subsection as the ,office7 to review the actions of occupational licensing boards to ensure compliance with the policy adopted under subsection 7b74 7,b7 ,duties ,the ,office shall-- 7i7 review and explicitly approve or reject in writing any occupational regulation proposed by an occupational licensing board before the board may adopt or implement the occupational regulation2 7ii7 play a substantial role in the development of a board's rules and policies to ensure they benefit consumers and do not serve the private interests of providers of goods and services regulated by the board2 7iii7 disapprove in writing the use of any board rule or policy relating to an occupational regulation and terminate any enforcement action1 including any such action pending on the date of enactment of this ,act1 that is inconsistent with the policy adopted under subsection 7b72 7iv7 exercise control over each board by reviewing and affirmatively approving in writing only occupational regulations that are consistent with the policy adopted under subsection 7b72 7v7 use the analysis conducted under paragraph 7#e7 and conduct reasonable investigations to gain additional information1 including about less restrictive regulatory approaches1 to promote compliance with subsection 7b72 7vi7 7,i7 be staffed by not less than #a attorney2 and 7,,ii7 prohibit attorneys working in the ,office from providing general counsel to any board2 and 7vii7 7,i7 approve board actions explicitly in writing1 rather than implicitly2 and 7,,ii7 clearly establish that silence or inaction does not constitute approval4 7#c7 ,internal review 7,a7 ,complaint ,the ,state shall establish a mechanism under which a person who is a resident of or has a license to operate a business in the ,state may file a complaint with the ,office about an occupational regulation of an occupational licensing board in the ,state that the person believes is inconsistent with the policy adopted under subsection 7b74 7,b7 ,office response ,not later than #ij days after the date on which a person files a complaint under subparagraph 7,a71 the ,office shall-- 7i7 investigate the complaint2 7ii7 identify remedies and instruct the board to take action1 where appropriate2 and 7iii7 respond in writing to the complainant4 7,c7 ,review ,the ,state shall establish a mechanism for review of a determination made by the ,office under subparagraph 7,b71 under which a complainant may appeal the determination to the general division of the trial court of the ,state if the challenged occupational regulation would substantially burden the complainant's ability to-- 7i7 engage in a lawful occupation2 or 7ii7 employ or contract other individuals for the performance of a lawful occupation4 7#d7 ,right to raise defense 7,a7 ,in general ,the ,state shall authorize an individual to assert as a defense1 in any administrative or judicial proceeding to enforce an occupational regulation1 that the regulation does not comply with the policy adopted under subsection 7b74 7,b7 ,procedures ,in a proceeding described in subparagraph 7,a7-- 7i7 an individual who asserts a defense under this paragraph has the initial burden of proof that the occupational regulation being enforced substantially burdens the individual's ability to engage in a lawful occupation2 7ii7 if an individual meets the burden of proof under clause 7i71 the ,state shall be required to demonstrate by clear and convincing evidence that the occupational regulation-- 7,i7 advances an important government interest in protecting against real1 substantial threats to public health1 safety1 or welfare2 and 7,,ii7 is substantially related to achievement of the important government interest described in subclause 7,i71 in light of the availability of less restrictive alternatives to occupational licensing2 and 7iii7 in reviewing an alleged violation of the policy adopted under subsection 7b71 an administrative agency or a court-- 7,i7 shall make its own findings of fact and conclusions of law2 7,,ii7 may not rely on a legislative finding of fact presented in admissible form to the agency or court2 and 7,,iii7 may not grant any presumption to a legislative determination-- 7aa7 of harm to public health1 safety1 or welfare2 or 7bb7 that the occupational regulation is substantially related to achievement of the important government interest described in clause 7ii77,i74 7#e7 ,periodic advisory review 7,a7 ,in general ,the ,state shall establish a mechanism for periodic non-binding review of existing occupational regulations1 and non-binding review of new proposed occupational regulations1 to ensure that the occupational regulations comply with the policy adopted under subsection 7b74 7,b7 ,scope of review ,the entity conducting the review under subparagraph 7,a7-- 7i7 shall publish an annual written report encompassing approximately #bj percent of the occupations subject to occupational regulations within the ,state1 such that the entity will review all occupational regulations within the ,state during each #e-year period2 and 7ii7 shall publish a written report assessing any proposed occupational licensing law1 or other proposed law that would expand the authority of an occupational licensing board to impose occupational regulations1 before the proposed law is submitted to a vote by the ,state legislature4 7,c7 ,requirements for analysis ,in conducting the review required under subparagraph 7,a71 the entity shall-- 7i7 determine whether the law or other regulation satisfies the policy adopted under subsection 7b7 of using the least restrictive regulation necessary to protect consumers from real1 substantial threats to public health1 safety1 or welfare2 7ii7 evaluate the effects of the law or other regulation on opportunities for workers1 consumer choices and costs1 general unemployment1 market competition1 governmental costs1 and other effects2 7iii7 compare the law or other regulation to whether and how other ,states regulate the applicable occupation2 and 7iv7 if the applicable occupation is subject to an occupational licensing law1 evaluate-- 7,i7 the feasibility of entering into reciprocity compacts with one or more other ,states to improve worker mobility and labor market flexibility2 and 7,,ii7 the advisability of endorsing occupational licenses granted by other ,states to spouses of active service military members as if those occupational licenses were granted by the ,state conducting the review4 #djf4 ,judicial review 7a7 ,in general ,the immunity under section #djd7;a7 shall apply to any action of an occupational licensing board of a ,state1 or any action of a member1 officer1 or employee of that board acting in the official capacity of that member1 officer1 or employee1 if-- 7#a7 the actions of the occupational licensing board or member1 officer1 or employee are authorized by a non-frivolous interpretation of the occupational licensing laws of the ,state2 7#b7 the ,state adopts a policy of using less restrictive alternatives to occupational licensing to address real1 substantial threats to public health1 safety1 or welfare1 in accordance with section #dje7;b72 and 7#c7 the ,state enacts legislation providing for judicial review of occupational licensing laws1 in accordance with subsection 7b7 of this section4 7b7 ,judicial review legislation ,legislation enacted by a ,state under subsection 7a77#c7-- 7#a7 shall-- 7,a7 prohibit the ,state and any occupational licensing board from imposing an occupational licensing law unless the ,state-- 7i7 identifies an important government interest in protecting against real1 substantial threats to public health1 safety1 or welfare2 and 7ii7 demonstrates that the occupational licensing law is substantially related to achievement of the important government interest described in clause 7i71 in light of the availability of less restrictive alternatives to occupational licensing2 7,b7 provide an affirmative defense against enforcement of any occupational licensing law of the ,state under which the ,state shall be required to demonstrate that the standard under subparagraph 7,a7 has been met2 7,c7 establish a cause of action under which-- 7i7 a person may bring an action for injunctive relief against enforcement of an occupational licensing law of the ,state2 7ii7 the plaintiff bears the initial burden to prove that the challenged occupational licensing law substantially burdens the plaintiff's ability to engage in a lawful occupation2 and 7iii7 once the plaintiff makes the initial showing under clause 7ii71 the ,state is required to demonstrate that the standard under subparagraph 7,a7 has been met2 7,d7 provide for an award of reasonable costs and attorney fees to a person who successfully challenges the application of an occupational licensing law of the ,state by-- 7i7 raising an affirmative defense under subparagraph 7,b72 or 7ii7 bringing an action under subparagraph 7,c72 and 7,e7 provide for independent judicial review of the occupational licensing laws of the ,state to ensure that the standard set forth in subparagraph 7,a7 has been met2 and 7#b7 may not authorize a court to-- 7,a7 uphold enforcement of an occupational licensing law of the ,state simply because the court believes the law is rationally related to a legitimate governmental purpose2 7,b7 rely on hypothetical risks to public safety1 not substantiated by evidence in the record1 to uphold enforcement of an occupational licensing law of the ,state2 7,c7 defer to factual or legal conclusions of another person or entity1 rather than exercising independent review2 or 7,d7 rely on a post hoc justification for the action of an occupational licensing board that was not put forward by the board at the time of the challenged action4 7c7 ,rule of construction ,nothing in subsection 7b7 shall be construed to require legislation enacted by a ,state under subsection 7a77#c7 to provide a right to recover monetary damages1 other than reasonable costs and attorney fees as provided under subsection 7b77#a77;,d74 ,v ,other improvements to antitrust laws #eja4 ,overturning ,illinois ,brick and ,hanover ,shoe ,section #d of the ,clayton ,act 7#ae ,u4,s4,c4 #ae7 is amended-- 7#a7 in subsection 7a71 in the first sentence-- 7,a7 by striking subsection 7b7 and inserting subsections 7b7 and 7c72 and 7,b7 by inserting 1 including an indirect purchaser1 after business or property2 7#b7 by redesignating subsection 7c7 as subsection 7f72 and 7#c7 by inserting after subsection 7b7 the following3 7c7 7#a7 ,in the case of a person who was injured by a violation of the antitrust laws and who resold any property or service that was the subject of the violation1 the amount of the damages sustained by the person shall not include the amount of any overcharge by the defendant 7or portion thereof7 that the person passed on to a subsequent purchaser of the property or service that was the subject of the violation4 7#b7 ,the defendant shall bear the burden of proving the amount of any overcharge passed on to a subsequent purchaser4 4 #ejb4 ,limitations on implied immunity from the antitrust laws 7a7 ,in general ,in any action or proceeding to enforce the antitrust laws with respect to conduct that is regulated under ,federal statute1 no court or adjudicatory body may find that the ,federal statute1 or any rule or regulation promulgated in accordance with the ,federal statute1 implicitly precludes application of the antitrust laws to the conduct unless-- 7#a7 a ,federal agency or department actively regulates the conduct under the ,federal statute2 7#b7 the ,federal statute does not include any provision preserving the rights1 claims1 or remedies under the applicable antitrust laws or under any area of law that includes the antitrust laws2 and 7#c7 the ,federal agency or department rules or regulations1 adopted by rulemaking or adjudication1 explicitly require or authorize the defendant to undertake the conduct4 7b7 ,existing federal regulation ,in any action or proceeding described in subsection 7a71 the antitrust laws shall be applied fully and without qualification or limitation1 and the scope of the antitrust laws shall not be defined more narrowly on account of the existence of ,federal rules1 regulations1 or regulatory agencies or departments1 unless application of the antitrust laws is precluded or limited by-- 7#a7 an explicit exemption from the antitrust laws under a ,federal statute2 or 7#b7 an implied immunity that satisfies the requirements under subsection 7a74 #ejc4 ,prejudgment interest ,section #d7;a7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ae71 as amended by section #ejb of this ,act1 is amended by striking may sue therefor and all that follows and inserting may sue therefor in any district court of the ,united ,states in the district in which the defendant resides or is found or has an agent1 without respect to the amount in controversy1 and shall recover threefold the damages by him sustained1 the cost of suit1 including a reasonable attorney's fee1 and simple interest on threefold the damages by him sustained for the period beginning on the date of service of such person's pleading setting forth a claim under the antitrust laws and ending on the date of judgment44 #ejd4 ,safe harbor for efforts to facilitate data portability and interoperability 7a7 ,in general ,except as provided in subsection 7b71 it shall not constitute a violation of the antitrust laws for #b or more persons providing comparable interactive computer services 7as defined in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f777 to enter into a joint venture or similar partnership to create standard protocols for data portability or interoperability between the interactive computer services if-- 7#a7 the joint venture or similar partnership does not exclude from the joint venture or similar partnership any person that offers comparable interactive computer services2 and 7#b7 the standard protocols do not restrict competition in any market4 7b7 ,exception for per se violations ,subsection 7a7 shall not apply to conduct constituting a per se violation of section #a of the ,sherman ,act 7#ae ,u4,s4,c4 #a74 #eje4 ,study of assigning all antitrust cases to certain district courts of the ,united ,states ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall submit to ,congress a report reviewing the feasibility1 possible benefits1 and potential harms of establishing a program to designate certain district courts of the ,united ,states that will hear cases raising #a or more claims under the antitrust laws4 #ejf4 ,balancing harm and benefits ,the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq47 is amended-- 7#a7 by redesignating section #bh 7#ae ,u4,s4,c4 #bg7 as section #ca2 and 7#b7 by inserting after section #bg the following3 #bh4 ,balancing harm and benefits 7a7 ,in general ,in any civil action brought under this ,act or the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq471 a court may consider a benefit1 efficiency1 or other mitigating factor only to the degree that it-- 7#a7 is tied to the market in which competition or consumers are harmed2 7#b7 can reasonably be achieved only through the conduct or transaction at issue2 7#c7 is reasonably quantifiable2 7#d7 will accrue to the consumer2 and 7#e7 has a high likelihood of being achieved4 7b7 ,examination of competitive effects ,in examining the competitive effects of conduct or a transaction challenged under any of the antitrust laws1 a court shall consider exclusively the effects of the challenged conduct or transaction on consumer welfare1 including price1 output1 quality1 innovation1 and consumer choice4 7c7 ,rule of construction ,nothing in this section shall be construed to require that1 in the aggregate1 in-market benefits1 efficiencies1 or mitigating factors outnumber or outweigh any out-of-market benefits1 efficiencies1 or mitigating factors4 7d7 ,definition of consumer ,in this section1 the term consumer includes buyers and sellers4 4 #ejg4 ,actions on behalf of consumers under ,sherman ,act ,section #d of the ,clayton ,act 7#ae ,u4,s4,c4 #ae71 is amended-- 7#a7 by inserting after subsection 7c71 as added by section #eja of this ,act1 the following3 7d7 7#a7 ,the ,assistant ,attorney ,general may bring an action on behalf of persons in the ,united ,states injured in their business or property by reason of anything forbidden under the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq47 in any district court of the ,united ,states in the district in which the defendant resides or is found or has an agent1 without respect to the amount in controversy1 and shall recover threefold the damages sustained by such persons1 and the cost of suit1 including a reasonable attorney's fee4 7#b7 7,a7 ,the court may award under this subsection1 pursuant to a motion by the ,assistant ,attorney ,general promptly made1 simple interest on actual damages in accordance with the requirements under subsection 7a74 7,b7 ,a court may not award any damages under this subsection that are duplicative of damages awarded before the date of the award under this subsection in a separate civil action pertaining to the same conduct and injured party4 7,c7 ,a court awarding damages to a person in a civil action after the date of an award of damages under this subsection that would be duplicative of damages awarded to the ,assistant ,attorney ,general on behalf of the person shall direct that such damages shall first be paid by the ,assistant ,attorney ,general from amounts in the ,fund and1 to the extent such damages are not fully paid from amounts in the ,fund1 shall be paid by the defendant4 7#c7 7,a7 ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,antitrust ,consumer ,damages ,fund 7in this subsection referred to as the ,fund71 which shall consist of amounts deposited under subparagraph 7,b74 7,b7 ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 any amounts received by the ,assistant ,attorney ,general under an award under this subsection-- 7i7 shall be deposited in the ,fund2 and 7ii7 shall be available to the ,assistant ,attorney ,general1 without further appropriation1 for distribution to persons in the ,united ,states harmed by the applicable violation of the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq474 7#d7 ,effective on the day after the date that is #aj years after the date on which an award is received under this subsection1 the unobligated balances in the ,fund of amounts that were received under the award are rescinded and shall be deposited in the general fund of the ,treasury4 2 and 7#b7 in subsection 7f71 as so redesignated by section #eja of this ,act-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,b7 by inserting before paragraph 7#a7 the following3 7#a7 the term ,assistant ,attorney ,general means the ,assistant ,attorney ,general in charge of the ,antitrust ,division of the ,department of ,justice2 4 #ejh4 ,civil fines for knowing violations of the antitrust laws ,section #d of the ,clayton ,act 7#ae ,u4,s4,c4 #ae71 is amended by inserting after subsection 7d71 as added by section #ejg of this ,act1 the following3 7e7 7#a7 ,in this subsection1 the term covered antitrust laws means any provision of the antitrust laws1 other than section #g of this ,act4 7#b7 7,a7 ,in an action brought by the ,assistant ,attorney ,general in an appropriate district court of the ,united ,states1 the court may impose a civil fine against any person who engaged in a knowing violation of any provision of the covered antitrust laws4 7,b7 ,the maximum amount of a civil fine imposed on a person under subparagraph 7,a7 shall be #ae percent of the total of the gross income of the person from the line of business at issue during each year during which the person engaged in the violation4 7#c7 ,a civil fine under paragraph 7#b7 shall be in addition to any damages awarded or other remedy imposed in connection with the violation of the provision of the covered antitrust laws4 4 #eji4 ,direct evidence of intent to avoid or restrict competition ,the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq47 is amended by inserting after section #bh1 as added by section #ejf of this ,act1 the following3 #bi4 ,direct evidence of intent to avoid or restrict competition ,in any civil action brought under this ,act or the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq471 if there is direct evidence that the conduct or transaction at issue was undertaken with the clear intent to harm or prevent competition1 which shall not require proof that the person knowingly violated the antitrust laws1 the court shall deem the conduct or transaction to be anticompetitive4 4 #eaj4 ,limit on contracting ,the head of an ,executive agency may not award a contract for the procurement of goods or services to any person that has been found by a trier of fact in a court of competent jurisdiction to have violated any of the antitrust laws1 except for section #g of the ,clayton ,act 7#ae ,u4,s4,c4 #ah71 on or after the date that is #e years before the date on which the procurement process for the goods or services begins4 #eaa4 ,prohibiting discrimination in distribution ,the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq47 is amended by inserting after section #bi1 as added by section #eji of this ,act1 the following3 #cj4 ,prohibiting discrimination in distribution 7a7 ,definitions ,in this section3 7#a7 ,distributed product ,the term distributed product means a good or service that is distributed by a person other than the person which manufactures or provides the good or service4 7#b7 ,distribution ,market ,the term distribution market means the geographic and product markets for the distribution of a distributed product4 7b7 ,discrimination by persons with monopoly power ,a person with monopoly power in a distribution market1 that also offers a product or service that competes with a distributed product in the distribution market in which it has monopoly power1 may not engage in discrimination in that distribution market that harms competition in the market for the distributed product4 4 #eab4 ,authorizations of appropriations ,there is authorized to be appropriated for the ,antitrust ,division of the ,department of ,justice #fjj1jjj1jjj for fiscal year #bjbb4