Appendix 5. Antitrust Procedures and Penalties Act (Tunney Act)

• Pages: 341-346

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APPENDIX 5

ANTITRUST PROCEDURES AND PENALTIES ACT

(TUNNEY ACT)

Section 16. Judgments

(a) Prima facie evidence; collateral estoppel

A final judgment or decree heretofore or hereafter rendered in any civil

or criminal proceeding brought by or on behalf of the United States

under the antitrust laws to the effect that a defendant has violated said

laws shall be prima facie evidence against such defendant in any action

or proceeding brought by any other party against such defendant under

said laws as to all matters respecting which said judgment or decree

would be an estoppel as between the parties thereto: Provided, That this

section shall not apply to consent judgments or decrees entered before

any testimony has been taken. Nothing contained in this section shall be

construed to impose any limitation on the application of collateral

estoppel, except that, in any action or proceeding brought under the

antitrust laws, collateral estoppel effect shall not be given to any finding

made by the Federal Trade Commission under the antitrust laws or under

section 45 of this title which could give rise to a claim for relief under

the antitrust laws.

(b) Consent judgments and competitive impact statements; publication in

Federal Register; availability of copies to the public

Any proposal for a consent judgment submitted by the United States for

entry in any civil proceeding brought by or on behalf of the United States

under the antitrust laws shall be filed with the district court before which

such proceeding is pending and published by the United States in the

Federal Register at least 60 days prior to the effective date of such

judgment. Any written comments relating to such proposal and any

responses by the United States thereto, shall also be filed with such

district court and published by the United States in the Federal Register

within such sixty-day period. Copies of such proposal and any other

materials and documents which the United States considered