Penalties for Sherman Act violations

(a) Civil penalty amendments (1) Section 1 of the Sherman Act Section 1 of the Sherman Antitrust Act (15 U.S.C. 1) is amended— (A) by striking Every and inserting (a) Every; and (B) by adding at the end the following: (b) (1) Every person who violates this section shall be liable to the United States for a civil or criminal penalty of not more than the greater of— (A) 15 percent of the total United States revenues of the person for the previous calendar year; or (B) 30 percent of the United States revenues of the person in any part of the trade or commerce related to or targeted by the unlawful conduct under this section during the period of the unlawful conduct. (2) A penalty under this section may be recovered in a civil or criminal action brought by the United States.. (2) Section 2 of the Sherman Act Section 2 of the Sherman Antitrust Act (15 U.S.C. 2) is amended— (A) by striking Every and inserting (a) Every; and (B) by adding at the end the following (b) (1) Every person who violates this section shall be liable to the United States for a civil penalty of not more than the greater of— (A) 15 percent of the total United States revenues of the person for the previous calendar year; or (B) 30 percent of the United States revenues of the person in any part of the trade or commerce related to or targeted by the unlawful conduct under this section during the period of the unlawful conduct. (2) A civil penalty under this section may be recovered in a civil action brought by the United States.. (3) Section 5 of the Federal Trade Commission Act Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is amended by adding at the end the following: (o) (1) The Commission may commence a civil action in a district court of the United States against any person, partnership, or corporation for a violation of subsection (a)(1) respecting an unfair method of competition that constitutes a violation of sections 1 or 2 of the Sherman Act (15 U.S.C. 1, 2) and to recover a civil penalty for such violation. (2) In an action under paragraph (1), any person, partnership, or corporation found to have violated subsection (a)(1) respecting an unfair method of competition that constitutes a violation of section 1 or 2 of the Sherman Act (15 U.S.C. 1, 2) shall be liable for a civil penalty of not more than the greater of— (A) 15 percent of the total United States revenues of the person, partnership, or corporation for the previous calendar year; or (B) 30 percent of the United States revenues of the person, partnership, or corporation in any line of commerce related to or targeted by the unlawful conduct described in paragraph (1) during the period of the unlawful conduct.. (4) Section 16 of the Federal Trade Commission Act Section 16(a)(2) of the Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is amended— (A) in subparagraph (D), by striking or at the end; (B) in subparagraph (E)— (i) by moving the margins 2 ems to the left; and (ii) by striking the semicolon and inserting; or; and (C) by inserting after subparagraph (E) the following: (F) to recover civil penalties under section 5(o);. (b) Rule of construction The civil penalties provided in subsection (b) of section 1 of the Sherman Act (15 U.S.C. 1), subsection (b) of section 2 of the Sherman Act (15 U.S.C. 2), and subsection (o) of section 5 of the Federal Trade Commission Act (15 U.S.C. 45), as added by subsection (a) of this section, are in addition to, and not in lieu of, any other remedy provided by Federal law, including under— (1) section 4 or 16 of the Clayton Act (15 U.S.C. 15, 26); or (2) section 13(b) of the Federal Trade Commission Act (15 U.S.C. 53(b)).