In sections 7a to 7a–3 of this title:
(1) Antitrust division
The term "Antitrust Division" means the United States Department of Justice Antitrust Division.
(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 this title 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 individual" 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 section 12 of this title.
References in Text
Sections 7a to 7a–3 of this title, referred to in text, was in the original "this subtitle", meaning subtitle A (§§211–216) of title II of Pub. L. 108–237, June 22, 2004, 118 Stat. 666, which enacted this section and sections 7a–1 to 7a–3 of this title, amended sections 1, 2, and 3 of this title, and enacted provisions formerly set out in a note under section 1 of this title. For complete classification of subtitle A to the Code, see Tables.
Codification
Section was formerly set out in a note under section 1 of this title, prior to transfer to this section upon repeal of sunset provision.
Amendments
2020—Pars. (6), (7). Pub. L. 116–159 redesignated par. (7) as (6) and struck out former par. (6). Prior to amendment, text of par. (6) read as follows: "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."
2010—Pars. (6), (7). Pub. L. 111–190 added par. (6) and redesignated former par. (6) as (7).
Findings; Purpose of 2020 Amendment
Pub. L. 116–159, div. D, title III, §4302, Oct. 1, 2020, 134 Stat. 742, provided that:
"(a)
"(1) Conspiracies among competitors to fix prices, rig bids, and allocate markets are categorically and irredeemably anticompetitive and contravene the competition policy of the United States.
"(2) Cooperation incentives are important to the efforts of the Antitrust Division of the Department of Justice to prosecute and deter the offenses described in paragraph (1).
"(b)
Technical and Conforming Amendments
Pub. L. 116–159, div. D, title III, §4303(b)(1), Oct. 1, 2020, 134 Stat. 742, provided that:
"(1)
"(A)
"(B)
"(i) Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act (Public Law 111–30; 123 Stat. 1775) [amending former section 211 of Pub. L. 108–237].
"(ii) The Act entitled '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', approved June 9, 2010 (Public Law 111–90 [sic, probably should be "111–190"]; 124 Stat. 1275) [amending this section, sections 7a–1 and 7a–2 of this title, and former section 211 of Pub. L. 108–237]."
Applicability of 2020 Amendment
Pub. L. 116–159, div. D, title III, §4303(c), Oct. 1, 2020, 134 Stat. 742, provided that:
"(1)
"(2)
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