118 STAT. 666 PUBLIC LAW 108–237—JUNE 22, 2004 Subtitle A—Antitrust Enforcement Enhancements and Cooperation Incentives SEC. 211. SUNSET. (a) IN GENERAL.—Except as provided in subsection (b), the provisions of sections 211 through 214 shall cease to have effect 5 years after the date of enactment of this Act. (b) EXCEPTION.—With respect to an applicant who has entered into an antitrust leniency agreement on or before the date on which the provisions of sections 211 through 214 of this subtitle shall cease to have effect, the provisions of sections 211 through 214 of this subtitle shall continue in effect. SEC. 212. DEFINITIONS. In this subtitle: (1) ANTITRUST DIVISION.—The term ‘‘Antitrust Division’’ means the United States Department of Justice Antitrust Divi sion. (2) ANTITRUST LENIENCY AGREEMENT.—The term ‘‘antitrust leniency agreement,’’ or ‘‘agreement,’’ means a leniency letter agreement, whether conditional or final, between a person and the Antitrust Division pursuant to the Corporate Leniency Policy of the Antitrust Division in effect on the date of execution of the agreement. (3) ANTITRUST LENIENCY APPLICANT.—The term ‘‘antitrust leniency applicant,’’ or ‘‘applicant,’’ means, with respect to an antitrust leniency agreement, the person that has entered into the agreement. (4) CLAIMANT.—The term ‘‘claimant’’ means a person or class, that has brought, or on whose behalf has been brought, a civil action alleging a violation of section 1 or 3 of the Sherman Act or any similar State law, except that the term does not include a State or a subdivision of a State with respect to a civil action brought to recover damages sustained by the State or subdivision. (5) COOPERATING INDIVIDUAL.—The term ‘‘cooperating indi vidual’’ means, with respect to an antitrust leniency agreement, a current or former director, officer, or employee of the antitrust leniency applicant who is covered by the agreement. (6) PERSON.—The term ‘‘person’’ has the meaning given it in subsection (a) of the first section of the Clayton Act. SEC. 213. LIMITATION ON RECOVERY. (a) IN GENERAL.—Subject to subsection (d), in any civil action alleging a violation of section 1 or 3 of the Sherman Act, or alleging a violation of any similar State law, based on conduct covered by a currently effective antitrust leniency agreement, the amount of damages recovered by or on behalf of a claimant from an antitrust leniency applicant who satisfies the requirements of subsection (b), together with the amounts so recovered from cooperating individuals who satisfy such requirements, shall not exceed that portion of the actual damages sustained by such claimant which is attributable to the commerce done by the applicant in the goods or services affected by the violation. (b) REQUIREMENTS.—Subject to subsection (c), an antitrust leni ency applicant or cooperating individual satisfies the requirements 15 USC 1 note. 15 USC 1 note. 15 USC 1 note.
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