Criminal Antitrust Anti-Retaliation Act of 2013

Criminal Antitrust Anti-Retaliation Act of 2013
Great Seal of the United States
Full title To provide anti-retaliation protections for antitrust whistleblowers.
Introduced in 113th United States Congress
Introduced on January 22, 2013
Sponsored by Sen. Patrick J. Leahy (D, VT)
Number of Co-Sponsors 1
Effects and Codifications
Act(s) affected Antitrust Criminal Penalty Enhancement and Reform Act of 2004, Sherman Act, Clayton Act
U.S.C. section(s) affected 49 U.S.C. § 42121, 15 U.S.C. § 1, 15 U.S.C. § 12, 15 U.S.C. § 3
Agencies affected United States Department of Justice, United States Department of Labor
Legislative history

The Criminal Antitrust Anti-Retaliation Act of 2013 (S. 42) is a bill that would protect whistleblowers who report violations of United States antitrust law. The bill would have whistleblowers first file a retaliation claim with the United States Department of Labor before going to federal court.[1] The bill passed the United States Senate during the 113th United States Congress.

Background

The bill was written in response to a July 2011 report from the Government Accountability Office on whistleblowing and price fixing.[2]

Provisions of the bill

This summary is based largely on the summary provided by the Congressional Research Service, a public domain source.[3]

The Criminal Antitrust Anti-Retaliation Act of 2013 would prohibit discharging or in any other manner discriminating against a whistleblower in terms and conditions of employment because: (1) the whistleblower provided information to the employer or the federal government concerning a violation of antitrust law or another criminal law committed in conjunction with a potential violation of antitrust law; or (2) the whistleblower participated in, or otherwise assisted, an investigation relating to such a violation.[3]

The bill would allow a whistleblower who alleges discharge or other discrimination to seek relief: (1) by filing a complaint with the Secretary of Labor; or (2) if the Secretary has not issued a final decision within 180 days of filing such complaint, to bring an action at law or equity.[3]

The bill would entitle a whistleblower who prevails in any such action to all relief necessary to make such whistleblower whole.[3]

Procedural history

Senate

The Criminal Antitrust Anti-Retaliation Act of 2013 was introduced into the Senate on January 22, 2013 by Sen. Patrick J. Leahy (D, VT).[4] It was referred to the United States Senate Committee on the Judiciary. On November 4, 2013, the Senate voted to pass the bill with unanimous consent.

Debate and discussion

The National Whistleblowers Center supported the bill and encouraged readers to write to their Senators about the bill.[5] The executive director Stephen Kohn said that "this bill is a major step forward in plugging a loophole in the patchwork of whistleblower protection that currently exists."[5]

See also

Notes/References

  1. ↑ Paul H. Saint-Antoine; Ronald A. Sarachan; Todd N. Hutchison (November 7, 2013). "Senate Approves Antitrust Anti-Retaliation Bill". Drinker Biddle.
  2. ↑ Stout, David (24 January 2013). "Senators Revive Bill to Protect Whistleblowers Offering Antitrust Data". Main justice: Politics, Policy and the Law. Retrieved 8 November 2013.
  3. 1 2 3 4 "S. 42 - Summary". United States Congress. Retrieved 8 November 2013.
  4. ↑ "S. 42 - All Actions". United States Congress. Retrieved 8 November 2013.
  5. 1 2 "Senate Committee Approves Criminal Antitrust Anti-Retaliation Act". National Whistleblowers Center. Retrieved 8 November 2013.

External links

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