---
kind: "range"
citation: "15 U.S.C. §§ 7a–7a–3"
title: "15"
from: "7a"
to: "7a–3"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/15/7a..7a-3"
---

# §7a. Definitions


In [sections 7a to 7a–3](/usc/15/7a..7a–3.md) 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](/usc/15/78m.md?p=h-8-E) and the [Antitrust Division](#1) pursuant to the Corporate Leniency Policy of the [Antitrust Division](#1) 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](#2), the [person](/usc/15/78m.md?p=h-8-E) that has entered into the [agreement](#2).
- (4) **Claimant—** The term “claimant” means a [person](/usc/15/78m.md?p=h-8-E) or class, that has brought, or on whose behalf has been brought, a civil action alleging a [violation](/usc/15/57b–1.md?p=a-7) of section [1](/usc/15/1.md) or [3](/usc/15/3.md) of this title or any similar [State](/usc/15/15g.md?p=2) law, except that the term does not include a [State](/usc/15/15g.md?p=2) or a subdivision of a [State](/usc/15/15g.md?p=2) with respect to a civil action brought to recover damages sustained by the [State](/usc/15/15g.md?p=2) or subdivision.
- (5) **Cooperating individual—** The term “cooperating individual” means, with respect to an [antitrust leniency agreement](#2), a current or former director, officer, or employee of the [antitrust leniency applicant](#3) who is covered by the [agreement](#2).
- (6) **Person—** The term “[person](/usc/15/78m.md?p=h-8-E)” has the meaning given it in subsection (a) of [section 12 of this title](/usc/15/12.md).

# §7a–1. Limitation on recovery

- (a) **In general—** Subject to [subsection (d)](#d), in any civil action alleging a [violation](/usc/15/57b–1.md?p=a-7) of section [1](/usc/15/1.md) or [3](/usc/15/3.md) of this title, or alleging a [violation](/usc/15/57b–1.md?p=a-7) of any similar [State](/usc/15/15g.md?p=2) law, based on conduct covered by a currently effective [antitrust leniency agreement](/usc/15/7a.md?p=2), the amount of damages recovered by or on behalf of a [claimant](/usc/15/7a.md?p=4) from an [antitrust leniency applicant](/usc/15/7a.md?p=3) who satisfies the requirements of [subsection (b)](#b), together with the amounts so recovered from [cooperating individuals](/usc/15/7a.md?p=5) who satisfy such requirements, shall not exceed that portion of the actual damages sustained by such [claimant](/usc/15/7a.md?p=4) which is attributable to the commerce done by the [applicant](/usc/15/7a.md?p=3) in the goods or services affected by the [violation](/usc/15/57b–1.md?p=a-7).
- (b) **Requirements—** Subject to [subsection (c)](#c), an [antitrust leniency applicant](/usc/15/7a.md?p=3) or [cooperating individual](/usc/15/7a.md?p=5) satisfies the requirements of this subsection with respect to a civil action described in [subsection (a)](#a) if the court in which the civil action is brought determines, after considering any appropriate pleadings from the [claimant](/usc/15/7a.md?p=4), that the [applicant](/usc/15/7a.md?p=3) or [cooperating individual](/usc/15/7a.md?p=5), as the case may be, has provided satisfactory cooperation to the [claimant](/usc/15/7a.md?p=4) with respect to the civil action, which cooperation shall include—
  - (1) providing a full [account](/usc/15/1681a.md?p=r-4) to the [claimant](/usc/15/7a.md?p=4) of all facts known to the [applicant](/usc/15/7a.md?p=3) or [cooperating individual](/usc/15/7a.md?p=5), as the case may be, that are potentially relevant to the civil action;
  - (2) furnishing all documents or other items potentially relevant to the civil action that are in the possession, custody, or control of the [applicant](/usc/15/7a.md?p=3) or [cooperating individual](/usc/15/7a.md?p=5), as the case may be, wherever they are located; and
  - (3)
    - (A) in the case of a [cooperating individual](/usc/15/7a.md?p=5)—
      - (i) making himself or herself available for such interviews, depositions, or testimony in connection with the civil action as the [claimant](/usc/15/7a.md?p=4) may reasonably require; and
      - (ii) responding completely and truthfully, without making any attempt either falsely to protect or falsely to implicate any [person](/usc/15/78m.md?p=h-8-E) or entity, and without intentionally withholding any potentially relevant information, to all questions asked by the [claimant](/usc/15/7a.md?p=4) in interviews, depositions, trials, or any other court proceedings in connection with the civil action; or
    - (B) in the case of an [antitrust leniency applicant](/usc/15/7a.md?p=3), using its best efforts to secure and facilitate from [cooperating individuals](/usc/15/7a.md?p=5) covered by the [agreement](/usc/15/7a.md?p=2) the cooperation described in clauses (i) and (ii) and [subparagraph (A)](#b-3-A).
- (c) **Timeliness—** The court shall consider, in making the determination concerning satisfactory cooperation described in [subsection (b)](#b), the timeliness of the [applicant](/usc/15/7a.md?p=3)’s or [cooperating individual](/usc/15/7a.md?p=5)’s cooperation with the [claimant](/usc/15/7a.md?p=4).
- (d) **Cooperation after expiration of stay or protective order—** If the [Antitrust Division](/usc/15/7a.md?p=1) does obtain a stay or protective [order](/usc/15/8702.md?p=14) in a civil action based on conduct covered by an [antitrust leniency agreement](/usc/15/7a.md?p=2), once the stay or protective [order](/usc/15/8702.md?p=14), or a portion thereof, expires or is terminated, the [antitrust leniency applicant](/usc/15/7a.md?p=3) and [cooperating individuals](/usc/15/7a.md?p=5) shall provide without unreasonable delay any cooperation described in paragraphs [(1)](#b-1) and [(2)](#b-2) of subsection (b) that was prohibited by the expired or terminated stay or protective [order](/usc/15/8702.md?p=14), or the expired or terminated portion thereof, in [order](/usc/15/8702.md?p=14) for the cooperation to be deemed satisfactory under such paragraphs.
- (e) **Continuation—** Nothing in this section shall be construed to modify, impair, or supersede the provisions of sections [15](/usc/15/15.md), [15a](/usc/15/15a.md), and [15c](/usc/15/15c.md) of this title relating to the recovery of costs of suit, including a reasonable attorney’s fee, and interest on damages, to the extent that such recovery is authorized by such sections.

# §7a–2. Rights, authorities, and liabilities not affected


Nothing in [sections 7a to 7a–3](/usc/15/7a..7a–3.md) of this title shall be construed to—

- (1) affect the rights of the [Antitrust Division](/usc/15/7a.md?p=1) to seek a stay or protective [order](/usc/15/8702.md?p=14) in a civil action based on conduct covered by an [antitrust leniency agreement](/usc/15/7a.md?p=2) to prevent the cooperation described in [section 7a–1(b) of this title](/usc/15/7a–1.md?p=b) from impairing or impeding the investigation or prosecution by the [Antitrust Division](/usc/15/7a.md?p=1) of conduct covered by the [agreement](/usc/15/7a.md?p=2);
- (2) create any right to challenge any decision by the [Antitrust Division](/usc/15/7a.md?p=1) with respect to an [antitrust leniency agreement](/usc/15/7a.md?p=2); or
- (3) affect, in any way, the joint and several liability of any party to a civil action described in [section 7a–1(a) of this title](/usc/15/7a–1.md?p=a), other than that of the [antitrust leniency applicant](/usc/15/7a.md?p=3) and [cooperating individuals](/usc/15/7a.md?p=5) as provided in [section 7a–1(a) of this title](/usc/15/7a–1.md?p=a).

# §7a–3. Anti-retaliation protection for whistleblowers

- (a) **Whistleblower protections for employees, contractors, subcontractors, and agents—**
  - (1) **In general—** No [employer](#a-3-C) may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a [covered individual](#a-3-B) in the terms and conditions of employment of the [covered individual](#a-3-B) because of any lawful act done by the [covered individual](#a-3-B)—
    - (A) to provide or cause to be provided to the [Federal Government](#a-3-D) or a [person](#a-3-E) with supervisory [authority](/usc/15/3051.md?p=1) over the [covered individual](#a-3-B) (or such other [person](#a-3-E) working for the [employer](#a-3-C) who has the [authority](/usc/15/3051.md?p=1) to investigate, discover, or terminate misconduct) information relating to—
      - (i) any [violation](#a-4) of, or any act or omission the [covered individual](#a-3-B) reasonably believes to be a [violation](#a-4) of, the [antitrust laws](#a-3-A); or
      - (ii) any [violation](#a-4) of, or any act or omission the [covered individual](#a-3-B) reasonably believes to be a [violation](#a-4) of, another criminal law committed in conjunction with a potential [violation](#a-4) of the [antitrust laws](#a-3-A) or in conjunction with an investigation by the Department of Justice of a potential [violation](#a-4) of the [antitrust laws](#a-3-A); or
    - (B) to cause to be filed, testify in, participate in, or otherwise assist a [Federal Government](#a-3-D) investigation or a [Federal Government](#a-3-D) proceeding filed or about to be filed (with any knowledge of the [employer](#a-3-C)) relating to—
      - (i) any [violation](#a-4) of, or any act or omission the [covered individual](#a-3-B) reasonably believes to be a [violation](#a-4) of, the [antitrust laws](#a-3-A); or
      - (ii) any [violation](#a-4) of, or any act or omission the [covered individual](#a-3-B) reasonably believes to be a [violation](#a-4) of, another criminal law committed in conjunction with a potential [violation](#a-4) of the [antitrust laws](#a-3-A) or in conjunction with an investigation by the Department of Justice of a potential [violation](#a-4) of the [antitrust laws](#a-3-A).
  - (2) **Limitation on protections—** [Paragraph (1)](#a-1) shall not apply to any [covered individual](#a-3-B) if—
    - (A) the [covered individual](#a-3-B) planned and initiated a [violation](#a-4) or attempted [violation](#a-4) of the [antitrust laws](#a-3-A);
    - (B) the [covered individual](#a-3-B) planned and initiated a [violation](#a-4) or attempted [violation](#a-4) of another criminal law in conjunction with a [violation](#a-4) or attempted [violation](#a-4) of the [antitrust laws](#a-3-A); or
    - (C) the [covered individual](#a-3-B) planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a [violation](#a-4) of the [antitrust laws](#a-3-A).
  - (3) **Definitions—** In this section:
    - (A) **Antitrust laws—** The term “antitrust laws” means section [1](/usc/15/1.md) or [3](/usc/15/3.md) of this title.
    - (B) **Covered individual—** The term “covered individual” means an employee, contractor, subcontractor, or agent of an [employer](#a-3-C).
    - (C) **Employer—** The term “employer” means a [person](#a-3-E), or any officer, employee, contractor, subcontractor, or agent of such [person](#a-3-E).
    - (D) **Federal Government—** The term “Federal Government” means—
      - (i) a Federal regulatory or law enforcement agency; or
      - (ii) any Member of Congress or [committee](/usc/15/2921.md?p=1) of Congress.
    - (E) **Person—** The term “person” has the same meaning as in subsection (a) of [section 12 of this title](/usc/15/12.md).
  - (4) **Rule of construction—** The term “violation”, with respect to the [antitrust laws](#a-3-A), shall not be construed to include a civil violation of any law that is not also a criminal violation.
- (b) **Enforcement action—**
  - (1) **In general—** A [covered individual](#a-3-B) who alleges discharge or other discrimination by any [employer](#a-3-C) in [violation](#a-4) of [subsection (a)](#a) may seek relief under [subsection (c)](#c) by—
    - (A) filing a complaint with the Secretary of Labor; or
    - (B) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the [claimant](/usc/15/7a.md?p=4), bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.
  - (2) **Procedure—**
    - (A) **In general—** A complaint filed with the Secretary of Labor under [paragraph (1)(A)](#b-1-A) shall be governed under the rules and procedures set forth in [section 42121(b) of title 49](/usc/49/42121.md?p=b).
    - (B) **Exception—** Notification made under [section 42121(b)(1) of title 49](/usc/49/42121.md?p=b-1) shall be made to any individual named in the complaint and to the [employer](#a-3-C).
    - (C) **Burdens of proof—** An action brought under [paragraph (1)(B)](#b-1-B) shall be governed by the legal burdens of proof set forth in [section 42121(b) of title 49](/usc/49/42121.md?p=b).
    - (D) **Statute of limitations—** A complaint under [paragraph (1)(A)](#b-1-A) shall be filed with the Secretary of Labor not later than 180 days after the date on which the [violation](#a-4) occurs.
    - (E) **Civil actions to enforce—** If a [person](/usc/15/78m.md?p=h-8-E) fails to comply with an [order](/usc/15/8702.md?p=14) or preliminary [order](/usc/15/8702.md?p=14) issued by the Secretary of Labor pursuant to the procedures set forth in [section 42121(b) of title 49](/usc/49/42121.md?p=b), the Secretary of Labor or the [person](/usc/15/78m.md?p=h-8-E) on whose behalf the [order](/usc/15/8702.md?p=14) was issued may bring a civil action to enforce the [order](/usc/15/8702.md?p=14) in the district court of the United States for the judicial district in which the [violation](#a-4) occurred.
- (c) **Remedies—**
  - (1) **In general—** A [covered individual](#a-3-B) prevailing in any action under [subsection (b)(1)](#b-1) shall be entitled to all relief necessary to make the [covered individual](#a-3-B) whole.
  - (2) **Compensatory damages—** Relief for any action under [paragraph (1)](#c-1) shall include—
    - (A) reinstatement with the same seniority status that the [covered individual](#a-3-B) would have had, but for the discrimination;
    - (B) the amount of back pay, with interest; and
    - (C) compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney’s fees.
- (d) **Rights retained by whistleblowers—** Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any [covered individual](#a-3-B) under any Federal or [State](/usc/15/15g.md?p=2) law, or under any collective bargaining [agreement](/usc/15/7a.md?p=2).