15 USC 7a-1 - Limitation on recovery

U.S Code last checked for updates: Apr 26, 2024

§ 7a–1.

Limitation on recovery

(a)

In general

(b)

Requirements

Subject to subsection (c), an antitrust leniency applicant or cooperating individual satisfies the requirements of this subsection with respect to a civil action described in subsection (a) if the court in which the civil action is brought determines, after considering any appropriate pleadings from the claimant, that the applicant or cooperating individual, as the case may be, has provided satisfactory cooperation to the claimant with respect to the civil action, which cooperation shall include—

(1)

providing a full account to the claimant of all facts known to the applicant or cooperating individual, as the case may be, that are potentially relevant to the civil action;

(2)

furnishing all documents or other items potentially relevant to the civil action that are in the possession, custody, or control of the applicant or cooperating individual, as the case may be, wherever they are located; and

(3)

(A)

in the case of a cooperating individual—

(i)

making himself or herself available for such interviews, depositions, or testimony in connection with the civil action as the claimant may reasonably require; and

(ii)

responding completely and truthfully, without making any attempt either falsely to protect or falsely to implicate any person or entity, and without intentionally withholding any potentially relevant information, to all questions asked by the claimant in interviews, depositions, trials, or any other court proceedings in connection with the civil action; or

(B)

in the case of an antitrust leniency applicant, using its best efforts to secure and facilitate from cooperating individuals covered by the agreement the cooperation described in clauses (i) and (ii) and subparagraph (A).

(c)

Timeliness

(d)

Cooperation after expiration of stay or protective order

(e)

Continuation

(Pub. L. 108–237, title II, § 213, June 22, 2004, 118 Stat. 666; Pub. L. 111–190, § 3, June 9, 2010, 124 Stat. 1275.)

cite as: 15 USC 7a-1