Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Senate Judiciary Committee clears antitrust anti-retaliation bill, (Oct 31, 2013)

By Tobias J. Gillett, J.D., LL.M.

The Senate Judiciary Committee today reported the Criminal Antitrust Anti-Retaliation Act of 2103 (S.42) to the full Senate for a vote. The bill is intended to protect whistleblowers who provide information on antitrust violations from retaliation by their employers

The legislation, introduced by Sen. Patrick Leahy (D, Vermont) on January 22, would amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to provide anti-retaliation protections for antitrust whistleblowers. It was co-sponsored by Senator Chuck Grassley (R, Iowa), ranking member of the Judiciary Committee. The proposal is intended to protect from discrimination employees, contractors, sub-contractors, or agents who report antitrust violations to the employer or the federal government, or who assisted with an antitrust investigation relating to an antitrust violation. A whistleblower could be entitled to compensation, including reinstatement, back pay, litigation costs, expert witness fees, and reasonable attorney’s fees.

Sen. Leahy statement. In a statement today before the Committee, Sen. Leahy urged adoption of the legislation.

“Proper enforcement of the antitrust laws ensures a free and fair marketplace where companies compete and consumers benefit,” said Sen. Leahy. “The bipartisan Criminal Antitrust Anti-Retaliation Act will aid in the enforcement of these laws by protecting those who blow the whistle on criminal antitrust violations.”

Sen. Grassley statement. In his remarks before the Committee, Sen. Grassley echoed Sen. Leahy sentiments.

“The Government Accountability Office suggested that Congress consider adding a civil remedy for antitrust whistleblowers that are retaliated against. That’s what this bill does,” said Sen. Grassley. “This is a narrowly focused bill that will strengthen the enforcement of our criminal antitrust laws.”

National Whistleblower Center response. The National Whistleblower Center—a non-profit organization that seeks to protect the rights of employees that disclose fraud, waste, and abuse—issued a press release applauding the Committee’s move.

“This bill is a major step forward in plugging a loophole in the patchwork of whistleblower protection that currently exists,” said Stephen Kohn, the Center’s executive director. “Employees who feel their companies are participating in unfair practices will, for the first time, be protected from retaliation when testifying or providing information to investigators.”

News: Antitrust