Senate Passes An Antitrust "Whistleblower" Protection Bill

On November 4, 2013, the United States Senate passed S. 42, the "Criminal Antitrust Anti-Retaliation Act," by unanimous consent. The legislation, introduced back in January of 2013 with bipartisan support (Senators Leahy (D) and Grassley (R)), provides protections to employees that provide information to the federal government about possible antitrust violations by their employer. Specifically, no employer may "discharge, demote, suspend, threaten, harass or in any other manner discriminate" against an employee that, in good faith, reports a potential antitrust violation to the federal government.

An employee whose rights under the Act has been violated may either file a complaint with the Secretary of Labor or commence his or her own private lawsuit in federal district court seeking relief for the alleged violation of the Act. Prevailing plaintiffs under the Act can obtain all of the following forms of relief: (1) reinstatement with the same seniority status that the