H.R. 7882 – Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act

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Updated April 14, 2026 at 2:18 PM UTC

The Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act removes the expiration date that was set for the 2004 antitrust penalty law, keeping its enhanced penalties and cooperation incentives in force indefinitely. It also restores related sections of the law to their prior form and updates definitions. The change affects the Department of Justice’s antitrust division, private litigants, and any companies that might seek leniency for antitrust violations.

Key Provisions

Repeals the sunset provision (Section 211) of the 2004 Antitrust Criminal Penalty Enhancement and Reform Act, making its provisions permanent.
Restores Sections 212, 213, and 214 of the 2004 Act to the version they had on June 21, 2020, and updates them to reflect prior extension laws.
Amends the definition section by removing one paragraph and renumbering the remaining paragraph.
Specifies that any antitrust leniency marker or agreement entered into on or before June 22, 2020 remains governed by the old sunset rules, while those entered into on or after June 23, 2020 are covered by the repeal.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

Judiciary Committee

July 30, 2020

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HouseIntro Referral

Introduced in House

July 30, 2020

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

July 30, 2020

Bill Text

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Introduced in HouseIssued July 30, 2020

I

116th CONGRESS

2d Session

H. R. 7882

IN THE HOUSE OF REPRESENTATIVES

July 30, 2020

Mr. Neguse introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to repeal the sunset provision.

1.

Short title

This Act may be cited as the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act.

2.

Findings; purpose

(a)

Findings

Congress finds the following:

(1)

Conspiracies among competitors to fix prices, rig bids, and allocate markets are categorically and irredeemably anticompetitive and contravene the competition policy of the United States.

(2)

Cooperation incentives are important to the efforts of the Antitrust Division of the Department of Justice to prosecute and deter the offenses described in paragraph (1).

(b)

Purpose

The purpose of this Act, and the amendments made by this Act, is to strengthen public and private antitrust enforcement by providing incentives for antitrust violators to cooperate fully with government prosecutors and private litigants through the repeal of the sunset provision of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note).

3.

Repeal of sunset provision

(a)

Repeal

Section 211 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is repealed.

(b)

Technical and conforming amendments

(1)

Revival and restoration

(A)

In general

Sections 212, 213, and 214 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) as in effect on June 21, 2020, and as amended by the laws described in subparagraph (B), are revived and restored.

(B)

Laws

The laws described in this subparagraph are:

(i)

Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act (Public Law 111–30; 123 Stat. 1775).

(ii)

The Act entitled An Act to amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to extend the operation of such Act, and for other purposes, approved June 9, 2010 (Public Law 111–90; 124 Stat. 1275).

(2)

Definitions

Section 212 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is amended—

(A)

by striking paragraph (6); and

(B)

by redesignating paragraph (7) as paragraph (6).

(c)

Applicability

(1)

Markers and agreements before sunset

Notwithstanding the repeal under subsection (a), section 211(b) of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note), as in effect on the day before the date of enactment of this Act, shall continue to apply to any person who received a marker or entered into an antitrust leniency agreement on or before June 22, 2020.

(2)

Markers and agreements after sunset

The repeal under subsection (a) shall apply to any person who received a marker or entered into an antitrust leniency agreement on or after June 23, 2020.