[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.
                                 <all>