[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1080 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1080
To make amendments to certain antitrust penalties, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19, 2003
Mr. Hatch (for himself and Mr. Leahy) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To make amendments to certain antitrust penalties, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antitrust Improvements Act of
2003''.
SEC. 2. CERTAIN PENALTIES.
(a) Restraint of Trade Among the States.--Section 1 of the Sherman
Act (15 U.S.C. 1) is amended by striking ``$10,000,000'' and inserting
``$100,000,000'' and by striking ``three'' and inserting ``ten''.
(b) Monopolizing Trade.--Section 2 of the Sherman Act (15 U.S.C. 2)
is amended by striking ``$10,000,000'' and inserting ``$100,000,000''
and by striking ``three'' and inserting ``ten''.
(c) Other Restraints of Trade.--Section 3 of the Sherman Act (15
U.S.C. 3) is amended by striking ``$10,000,000'' and inserting
``$100,000,000'' and by striking ``three'' and inserting ``ten''.
(d) Directive to the United States Sentencing Commission.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission shall
review and amend its guidelines and its policy statements to
implement the provisions described in paragraph (2).
(2) Provisions described.--The provisions described in this
paragraph are the following:
(A) Ensure that the sentencing guidelines and
policy statements reflect the serious nature of the
offenses and the penalties set forth in this section,
the growing incidence of serious antitrust criminal
offenses, and the need to modify the sentencing
guidelines and policy statements to deter, prevent, and
punish such offenses.
(B) Consider the following issues and the extent to
which the guidelines and policy statements adequately
address each of the following issues:
(i) Whether the guideline offense levels
and enhancements for antitrust criminal
violations contained in sections 1, 2, and 3 of
the Sherman Act (15 U.S.C. 1, 2, and 3), are
sufficient to deter and punish such offenses,
and are adequate in view of the increases in
penalties contained in this section.
(ii) Whether the guideline offense levels
and enhancements for antitrust criminal
violations contained in sections 1, 2, and 3 of
the Sherman Act (15 U.S.C. 1, 2, and 3), are
consistent with recent amendments to the
sentencing guidelines and policy statements
applicable to white collar offenses.
(C) Ensure reasonable consistency with other
relevant directives and with other sentencing
guidelines.
(D) Account for any additional aggravating or
mitigating circumstances that might justify exceptions
to the generally applicable sentencing ranges.
(E) Make any necessary conforming changes to the
sentencing guidelines.
(F) Ensure that the guidelines adequately meet the
purposes of sentencing set forth in section 3553(a)(2)
of title 18, United States Code.
SEC. 3. REPEAL OF TITLE VIII.
(a) In General.--Title VIII of the Act of September 8, 1916 (39
Stat. 798; 15 U.S.C. 71 et seq.), is repealed.
(b) Effective Date.--The repeal under subsection (a) shall take
effect on the date of the enactment of this Act and shall apply to any
case pending on such date.
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