Antitrust "Whistleblower" Legislation Introduced

On July 31, in the waning days of the 112th Congress, Senator Patrick Leahy of Vermont introduced the "Criminal Antitrust Anti-Retaliation Act," designated as S. 3462. The bill is designed to protect employees, contractors, subcontractors and agents from retaliation for providing information to the federal government about possible violations of the antitrust laws.

Specifically, the bill would make it unlawful for an employer to "demote, suspend, threaten, harass or discriminate against" an individual who assists the Department of Justice in connection with an antitrust investigation. As a remedy, the whistleblower will be permitted to bring an action seeking (1) reinstatement with the same seniority status the whistleblower would have had absent the discrimination; (2) back pay, with interest; and (3) compensation for any special damages sustained, including litigation costs, expert witness fees and reasonable attorney's fees. Notably, however,