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S. 3377Senate116th Congress (2019-2021)Passed Senate

Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act

Sponsored by Lindsey GrahamSen. Lindsey Graham (R-SC)
Introduced March 3, 2020

AI-Generated Summary

Updated April 14, 2026 at 11:14 AM UTC

The Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act removes the expiration date that was built into the 2004 antitrust law. By repealing the sunset provision, the enhanced criminal penalties and cooperation incentives for price‑fixing, bid‑rigging, and market‑allocation conspiracies stay in effect indefinitely. The change strengthens both government and private antitrust enforcement.

Key Provisions

  • Repeals the sunset provision of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, making its enhanced penalties permanent.
  • Amends the related section (Section 212) by deleting an obsolete paragraph and renumbering the remaining paragraph to keep the law consistent.

Legislative Activity

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7 earlier actions
HouseFloor Latest Action

Held at the desk.

June 29, 2020 • 4:55 PM

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SenateIntro Referral

Introduced in Senate

March 3, 2020

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

March 3, 2020

SenateCommittee

Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S3625-3626)

Judiciary Committee

June 25, 2020

SenateDischarge

Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S3625-3626)

Judiciary Committee

June 25, 2020

SenateFloor

Passed Senate without amendment by Voice Vote. (text: CR S3625-3626)

June 25, 2020

SenateFloor

Message on Senate action sent to the House.

June 29, 2020

HouseFloor

Received in the House.

June 29, 2020 • 3:54 PM

HouseFloor

Held at the desk.

June 29, 2020 • 4:55 PM

Bill Text

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Engrossed in SenateIssued June 25, 2020

116th CONGRESS

2d Session

S. 3377

AN ACT

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)

In general

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

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

(1)

by striking paragraph (6); and

(2)

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

Passed the Senate June 25, 2020.

Secretary