Antitrust Procedural Improvements Act of 1979
Public Law 96-349 · S. 390 · 96th Congress · began in the Senate
Signed by Jimmy Carter (D) on Sep 12, 1980 · Commerce
Sponsor: Sen. Howard Metzenbaum (D-OH)
Cosponsors (7): Sen. Ted Kennedy, Sen. Birch Bayh,
Passage votes
- HouseMethod not stated
- SenateMethod not stated
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Antitrust Procedural Improvements Act of 1980 - Amends the Antitrust Civil Process Act to authorize the Attorney General or the Assistant Attorney General in charge of the Antitrust Division to issue civil investigative demands for depositions, interrogatories, documents, and other specified items produced during the discovery phase of private lawsuits and other proceedings. Sets forth procedures for the issuance and return of such demands.
Declares that such demands supercede any inconsistent protective order, rule, or provision of law (other than this Act) restraining disclosure of products of discovery. Stipulates that any disclosure made pursuant to such a demand shall not constitute a waiver of privilege.
Establishes procedures to enable any person to challenge an investigative demand for products of discovery.
Permits courts to make any attorney or other person, who unreasonably multiplies proceedings, responsible for the excess costs, expenses, and attorney fees incurred because of such conduct.
Amends the Clayton Act to permit a court to award prejudgment interest in antitrust litigation upon a finding that such an award is just under the circumstances. Directs the court in making such a finding to consider only: (1) whether either party made motions or asserted claims or defenses lacking in merit intentionally for delay or otherwise acted in bad faith; (2) whether either party violated any applicable rule, statute, or court order providing sanctions for dilatory behavior; (3) whether either party engaged in conduct primarily for delaying the litigation or increasing its costs; and (4) in single damage actions brought by the Government, whether interest is necessary for adequate compensation. Stipulates that the court may impose interest from the date of service of the complaint to the date of judgment or for any shorter period.
Gives judgments in antitrust actions brought by the United States collateral estoppel effect in subsequent private litigation. Directs that such effect shall not be given to certain findings by the Federal Trade Commission. Declares that this provision shall not be applicable to antitrust actions brought before enactment of this Act.
Empowers the Department of Justice to contest mergers: (1) involving entities other than corporations; and (2) involving activities affecting commerce. Makes these provisions applicable to acquisitions made after the enactment of this Act.
Amends the Antitrust Civil Process Act to authorize the Department of Justice to retain agents in connection with the enforcement of antitrust laws. Authorizes such agents to use documentary material, answers to interrogatories, or transcripts of oral testimony in the custody of the Antitrust Division of such Department in connection with the taking of oral testimony. Subjects such agents to criminal penalties for the unauthorized disclosure of specified confidential information.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 20 actions.
- Sep 12, 1980Became lawBecame law · Signed by President.
- PresidentPresident · Public Law 96-349.
- Sep 2, 1980PresidentPresident · Measure presented to President.
- Aug 28, 1980PresidentPresident · Measure enrolled in Senate.
- PresidentPresident · Measure enrolled in House.
- Resolving differencesResolving differences · House agreed to conference report.
- Resolving differencesResolving differences · Conference report agreed to in House: House agreed to conference report.
- Aug 20, 1980Resolving differencesResolving differences · Conference report filed in House, H. Rept. 96-1234.
- Resolving differencesResolving differences · Conference report filed: Conference report filed in House, H. Rept. 96-1234.
- Aug 18, 1980Resolving differencesResolving differences · Senate agreed to conference report.
- Resolving differencesResolving differences · Conference report agreed to in Senate: Senate agreed to conference report.
- Jun 17, 1980Resolving differencesResolving differences · Conference scheduled in Senate.
- Jun 12, 1980Resolving differencesResolving differences · Conference scheduled in House.
- FloorFloor · Measure passed House, amended, in lieu of H. R. 4048.
- CommitteeCommittee · Discharged from House Judiciary Committee
- Jul 24, 1979CommitteeCommittee · Referred to House Judiciary Committee
- Jul 20, 1979FloorFloor · Measure passed Senate, amended.
- Jul 9, 1979CommitteeCommittee · Reported by Senate Judiciary Committee
- Feb 8, 1979CommitteeCommittee · Referred to Senate Judiciary Committee
- IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.