S.1962 - Consumer Remedies Improvement Act of 1987100th Congress (1987-1988)
|Sponsor:||Sen. Metzenbaum, Howard M. [D-OH] (Introduced 12/18/1987)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 01/25/1988 Referred to Subcommittee on Antitrust, Monopolies and Business. (All Actions)|
This bill has the status Introduced
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Summary: S.1962 — 100th Congress (1987-1988)All Information (Except Text)
Introduced in Senate (12/18/1987)
Consumer Remedies Improvement Act of 1987 - Amends the Clayton Act to allow a claim for damages to be based on: (1) indirect purchases, in civil actions alleging a boycott or contract, combination, or conspiracy to fix prices or allocate markets; or (2) indirect sales, in addition to any other claim allowed, in the case of a civil action on behalf of producers of agricultural products.
Entitles the defendant to an action by the United States or a State attorney general based on indirect purchases or sales to allege, as a partial or complete defense to a claim by a direct purchaser or seller based on the same conduct, that some or all of what would otherwise constitute the direct purchaser's or seller's damages were passed on to indirect purchasers or sellers.
Requires that the award for a claim based on indirect purchases or sales be treble the damages shown, in addition to costs and attorneys' fees. Provides that where no claim by a direct purchaser or seller is pending, the defendant shall bear the burden of establishing that the total overcharge or underpayment was not passed on to the indirect purchaser or seller.
Prohibits duplicative awards based on direct or indirect purchases or sales for the same overcharge or underpayment.
Allows an indirect purchaser or seller to intervene in an action by a direct purchaser or seller based on the same conduct, if a request for such intervention is made within six months of the date of filing of the initial action. Makes failure to request intervention within such time a bar to such claim. Allows a direct purchaser or seller to intervene in an action by an indirect purchaser or seller.
Directs the court, upon the defendant's request, to order the consolidation of actions based on the same conduct.
Requires the United States or State attorney general, upon the initiation of any action based on indirect purchases or sales, to provide reasonable public notice of the allegations of the suit and a general description of any direct purchasers who may be entitled to maintain an action.
Requires the plaintiff, upon the initiation of any action based on direct purchases or sales, to provide reasonable notice of the allegations of the suit to the United States and the State attorneys general.