Ask AI
Bill97th CongressFiled Apr 10, 1981Commerce
S. 995

A bill to provide for contribution of damages attributable to an agreement by two or more persons to fix, maintain, or stabilize prices under section 4, 4a, or 4c of the Clayton Act.

Bill journey · stage 1 of 5

Just introduced

Filed
Comm.
Floor
Both
Law

What it doesSummary reported to senate with amendment(s) (Apr 26, 1982)

(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 97-359)

Amends the Clayton Act to permit any person liable for damages for price-fixing to claim contribution from co-conspirators for the share of such damages attributable to their sales or purchases of goods and services.

Declares that a release or covenant not to sue or enforce a judgment received in settlement by one conspirator shall not discharge any co-conspirators from liability, unless expressly provided. Directs the court to reduce the claim against the co-conspirators subject to liability by the greatest of: (1) the amount stipulated by such release or covenant; (2) the amount paid in settlement; or (3) treble the actual damages attributable to the settling person's sales or purchases of goods or services. Declares that a settlement shall release the recipient from liability from contribution, unless it is not consumated.

Applies such claim reduction principle to price-fixing actions pending upon enactment of this Act if the court determines that it would be inequitable not to do so. Prohibits the modification of a settlement that has been signed before enactment of this Act because of the application of such principle.

What just happenedDec 2, 1982

Returned to the Calendar. Calendar No. 511.

Who’s behind it

Sen. Thurmond, Strom [R-SC](R-SC)Sponsor
5 cosponsors3 D2 R
Read on Congress.gov
5cosponsors1committees21actions1,412amendments8subjects
  1. Dec 2, 1982Floor

    Returned to the Calendar. Calendar No. 511.

  2. Dec 2, 1982Floor

    Second cloture motion to the Committee amendment withdrawn by unanimous consent in Senate.

  3. Dec 2, 1982Floor

    Cloture on S.995 not invoked in Senate by Yea-Nay Vote. 44-51. Record Vote No: 391.

  4. Dec 2, 1982Floor

    First cloture motion on Committee amendment not invoked in Senate by Yea-Nay Vote. 38-58. Record Vote No: 390.

  5. Dec 2, 1982Floor

    Considered by Senate.

  6. Dec 1, 1982Floor

    Second cloture motion on the Committee amendment presented in Senate.

  7. Dec 1, 1982Floor

    Considered by Senate.

  8. Nov 30, 1982Floor

    Cloture motion on the bill presented in Senate.

  9. Nov 30, 1982Floor

    Cloture motion on the Committee amendment presented in Senate.

  10. Nov 30, 1982Floor

    Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 67-20. Record Vote No: 388.

  11. Apr 26, 1982Calendars

    Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 511.

  12. Apr 26, 1982Committee

    Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment. With written report No. 97-359.

    Judiciary Committee
  13. Apr 26, 1982Committee14000

    Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment. With written report No. 97-359.

    Judiciary Committee
  14. Mar 31, 1982Committee

    Committee on Judiciary. Ordered to be reported with an amendment favorably.

    Judiciary Committee
  15. Mar 17, 1982Committee

    Committee on Judiciary. Committee consideration and Mark Up Session held.

    Judiciary Committee
  16. Feb 10, 1982Committee

    Committee on Judiciary. Hearings held.

    Judiciary Committee
  17. Dec 7, 1981Committee

    Committee on Judiciary. Hearings held.

    Judiciary Committee
  18. May 11, 1981Committee

    Committee on Judiciary. Hearings held.

    Judiciary Committee
  19. Apr 22, 1981Committee

    Committee on Judiciary. Hearings held.

    Judiciary Committee
  20. Apr 10, 1981IntroReferral

    Read second time and referred to Senate Committee on Judiciary.

    Judiciary Committee
  21. Apr 10, 1981IntroReferral10000

    Introduced in Senate

Reported to Senate with amendment(s)Apr 26, 198201
(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 97-359)

Amends the Clayton Act to permit any person liable for damages for price-fixing to claim contribution from co-conspirators for the share of such damages attributable to their sales or purchases of goods and services.

Declares that a release or covenant not to sue or enforce a judgment received in settlement by one conspirator shall not discharge any co-conspirators from liability, unless expressly provided. Directs the court to reduce the claim against the co-conspirators subject to liability by the greatest of: (1) the amount stipulated by such release or covenant; (2) the amount paid in settlement; or (3) treble the actual damages attributable to the settling person's sales or purchases of goods or services. Declares that a settlement shall release the recipient from liability from contribution, unless it is not consumated.

Applies such claim reduction principle to price-fixing actions pending upon enactment of this Act if the court determines that it would be inequitable not to do so. Prohibits the modification of a settlement that has been signed before enactment of this Act because of the application of such principle.

Introduced in SenateApr 10, 198100

Amends the Clayton Act to permit any person liable for damages for price-fixing to claim contribution from co-conspirators for the share of such damages attributable to their sales or purchases of goods and services.

Declares that a release or covenant not to sue or enforce a judgment received in settlement by one conspirator shall not discharge any co-conspirators from liability, unless expressly provided. Directs the court to reduce the claim against the co-conspirators subject to liability by the greatest of: (1) the amount stipulated by such release or covenant; (2) the amount paid in settlement; or (3) treble the actual damages attributable to the settling person's sales or purchases of goods or services. Declares that a settlement shall release the recipient from liability from contribution, unless it is not consummated.