Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Senate unanimously approves antitrust whistleblower protection bill, (Nov 6, 2013)

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

By a unanimous vote, the U.S. Senate yesterday passed the Criminal Antitrust Anti-Retaliation Act of 2013 (S.42), a bill intended to protect whistleblowers who provide information on antitrust violations from retaliation by their employers. The measure still requires approval from the House of Representatives before it can proceed to President Barack Obama for a signature.

The legislation, introduced by Sen. Patrick Leahy (D, Vermont) on January 22 and reported to the full Senate by the Senate Judiciary Committee on October 31, 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.

Senators’ statement. Sen. Leahy called on the House of Representatives to expeditiously approve the bill.

“I applaud the Senate for quickly passing bipartisan legislation that will improve the enforcement of the antitrust laws to protect consumers,” Sen. Leahy said in a press release. “The Criminal Antitrust Anti-Retaliation Act makes whole employees who have been fired or discriminated against for blowing the whistle on criminal conduct. I urge the House to act quickly to pass this important bill.”

“Current law encourages self-reporting of criminal antitrust activity, yet it doesn’t provide any protections for innocent third-parties who blow the whistle on such activity. Our bill strengthens the enforcement of criminal antitrust laws by adding a civil remedy for antitrust whistleblowers who are retaliated against,” Sen. Grassley added. “I appreciate the Senate’s quick action on this bipartisan bill.”

News: Antitrust