124 STAT. 1275 PUBLIC LAW 111–190—JUNE 9, 2010 Public Law 111–190 111th Congress An Act To amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to extend the operation of such Act, 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. DELAY OF SUNSET. Section 211(a) of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108–237; 15 U.S.C. 1 note) is amended— (1) in subsection (a)— (A) by inserting ‘‘of this subtitle’’ after ‘‘214’’; and (B) by striking ‘‘6 years’’ and inserting ‘‘16 years’’; and (2) by amending subsection (b) to read as follows: ‘‘(b) EXCEPTIONS.—With respect to— ‘‘(1) a person who receives a marker on or before the date on which the provisions of section 211 through 214 of this subtitle shall cease to have effect that later results in the execution of an antitrust leniency agreement; or ‘‘(2) 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. 2. DEFINITIONS. Section 212 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108–237; 15 U.S.C. 1 note) is amended— (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ‘‘(6) MARKER.—The term ‘marker’ means an assurance given by the Antitrust Division to a candidate for corporate leniency that no other company will be considered for leniency, for some finite period of time, while the candidate is given an opportunity to perfect its leniency application.’’. SEC. 3. TIMELINESS; COOPERATION AFTER TERMINATION OF STAY OR PROTECTIVE ORDER. (a) TIMELINESS.—Section 213(c) of the Antitrust Criminal Pen- alty Enhancement and Reform Act of 2004 (Public Law 108–237; 15 U.S.C. 1 note) is amended to read as follows: June 9, 2010 [H.R. 5330]
