Page:United States Statutes at Large Volume 124.djvu/1302

124 STAT. 1276 PUBLIC LAW 111–190—JUNE 9, 2010 ‘‘(c) TIMELINESS.—The court shall consider, in making the deter- mination concerning satisfactory cooperation described in subsection (b), the timeliness of the applicant’s or cooperating individual’s cooperation with the claimant.’’. (b) COOPERATION AFTER TERMINATION OF STAY OR PROTECTIVE ORDER.—Section 213 of the Antitrust Criminal Penalty Enhance- ment and Reform Act of 2004 (Public Law 108–237; 15 U.S.C. 1 note) is amended by adding at the end the following— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ‘‘(d) COOPERATION AFTER EXPIRATION OF STAY OR PROTECTIVE ORDER.—If the Antitrust Division does obtain a stay or protective order in a civil action based on conduct covered by an antitrust leniency agreement, once the stay or protective order, or a portion thereof, expires or is terminated, the antitrust leniency applicant and cooperating individuals shall provide without unreasonable delay any cooperation described in paragraphs (1) and (2) of sub- section (b) that was prohibited by the expired or terminated stay or protective order, or the expired or terminated portion thereof, in order for the cooperation to be deemed satisfactory under such paragraphs.’’. SEC. 4. TECHNICAL CORRECTIONS. Section 214 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 paragraph (1) by inserting ‘‘of this subtitle’’ after ‘‘213(b)’’; and (2) in paragraph (3)— (A) by inserting ‘‘of this subtitle’’ after ‘‘213(a)’’ the 1st place it appears; and (B) by striking ‘‘title’’ and inserting ‘‘subtitle’’. SEC. 5. GAO REPORT. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit, to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, a report on the effectiveness of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, both in criminal investigation and enforcement by the Depart- ment of Justice, and in private civil actions. Such report should include study of, inter alia— (1) the appropriateness of the addition of qui tam pro- ceedings to the antitrust leniency program; and (2) the appropriateness of creating anti-retaliatory protec- tion for employees who report illegal anticompetitive conduct. SEC. 6. EFFECTIVE DATE OF AMENDMENTS. The amendments made by section 1 shall take effect imme- diately before June 22, 2010. SEC. 7. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, submitted for printing in the 15 USC 1 note.