Bill Status of HB 3468   93rd General Assembly

Short Description:  ANTITRUST ACT-VIOLATIONS

House Sponsors
Rep. George Scully, Jr.

Senate Sponsors
(Sen. John J. Cullerton)


Last Action  View All Actions

DateChamber Action
  7/24/2003HousePublic Act . . . . . . . . . 93-0351

Statutes Amended In Order of Appearance
740 ILCS 10/3from Ch. 38, par. 60-3
740 ILCS 10/6from Ch. 38, par. 60-6
740 ILCS 10/7from Ch. 38, par. 60-7
740 ILCS 10/7.2from Ch. 38, par. 60-7.2
740 ILCS 10/7.5from Ch. 38, par. 60-7.5
740 ILCS 10/7.6from Ch. 38, par. 60-7.6
740 ILCS 10/7.7from Ch. 38, par. 60-7.7
740 ILCS 10/12 new

Synopsis As Introduced
Amends the Illinois Antitrust Act. Provides that it is a violation of the Act to make a contract with or engage in any combination or conspiracy with, any purchaser from a person who purchases for resale, for the purpose of fixing, controlling, or maintaining the minimum price or rate charged for any commodity sold by the purchaser upon resale. Provides that it is a violation of the Act to contract with a person to unreasonably restrain trade or commerce by (i) participating in any act of boycott, coercion, intimidation or refusal to deal; (ii) participating in any allocation of customer or geographic markets as between a seller and a purchaser who purchases commodities from the seller for resale; (iii) entering into any arrangement as between a seller and a purchaser regarding the maximum price at which commodities are resold by the purchaser; or (iv) entering into any arrangement as between a seller and purchaser that the seller will sell a commodity or service only on condition that the buyer also purchase a different commodity or service where the restraint of trade occurs or is likely to occur in the market. Suspends the statute of limitations during the pendency of any complaint, information, or indictment filed by the United States and for one year thereafter. Raises the penalty to $1,000,000 (instead of $100,000) for a violation of the Act by a corporation and $100,000 (instead of $50,000) for a violation of the Act by every other person. Requires answers to interrogatories to be accompanied by a statement under oath attesting to the accuracy of the answers. Provides that the obligation to pay fees and mileage to witnesses does not apply to any officer, director, or person in the employ of any person, partnership, company, corporation, trust, or association whose conduct or practices are being investigated. Entitles any party brought to trial for violation of the Act, where criminal sanctions can be imposed or civil penalties or damages can be recovered, to a trial by jury. Makes other changes.

House Amendment No. 2
Deletes reference to:
740 ILCS 10/3
740 ILCS 10/6

Deletes everything after the enacting clause. Reinserts the text of the bill as introduced with changes. Removes language concerning additional violations to the Illinois Antitrust Act. Removes language suspending the statute of limitation during the pendency of any complaint, information, or indictment filed by the United States. Removes language directing the Attorney General to place funds recovered in any action into the Attorney General's Court Ordered and Voluntary Compliance Payment Project Fund. Removes the exemption to the obligation to pay witness fees and mileage.

Actions 
DateChamber Action
  2/28/2003HouseFiled with the Clerk by Rep. George Scully, Jr.
  2/28/2003HouseFirst Reading
  2/28/2003HouseReferred to Rules Committee
  3/6/2003HouseAssigned to Judiciary I - Civil Law Committee
  3/13/2003HouseCommittee Deadline Extended-Rule 9(b) April 4, 2003
  4/1/2003HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  4/1/2003HouseHouse Amendment No. 1 Tabled in Judiciary I - Civil Law Committee; by Voice Vote
  4/1/2003HouseHouse Amendment No. 2 Filed with Clerk by Judiciary I - Civil Law Committee
  4/1/2003HouseHouse Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  4/1/2003HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 012-000-000
  4/1/2003HousePlaced on Calendar 2nd Reading - Short Debate
  4/2/2003HouseSecond Reading - Short Debate
  4/2/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/3/2003HouseThird Reading - Short Debate - Passed 117-000-000
  4/3/2003HouseMotion Filed to Reconsider Vote Rep. Barbara Flynn Currie
  4/3/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/4/2003HouseMotion to Reconsider Vote - Withdrawn Rep. Barbara Flynn Currie
  4/4/2003HouseThird Reading - Short Debate - Passed 117-000-000; April 3, 2003
  4/8/2003SenateArrive in Senate
  4/8/2003SenatePlaced on Calendar Order of First Reading April 9, 2003
  4/15/2003SenateChief Senate Sponsor Sen. John J. Cullerton
  4/15/2003SenateFirst Reading
  4/15/2003SenateReferred to Rules
  4/16/2003SenateAssigned to Judiciary
  5/1/2003SenateDo Pass Judiciary; 010-000-000
  5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/6/2003SenateSecond Reading
  5/6/2003SenatePlaced on Calendar Order of 3rd Reading May 7, 2003
  5/13/2003SenateThird Reading - Passed; 057-000-000
  5/13/2003HousePassed Both Houses
  6/11/2003HouseSent to the Governor
  7/24/2003HouseGovernor Approved
  7/24/2003HouseEffective Date January 1, 2004
  7/24/2003HousePublic Act . . . . . . . . . 93-0351

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