Sec. 4. Joint civil penalty guidelines
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Not later than 1 year after the date of enactment of this Act, the Attorney General and the Federal Trade Commission shall issue joint guidelines reflecting agency policies for determining the appropriate amount of a civil penalty to be sought under subsection
(b)of section 2 of the Sherman Act ( 15 U.S.C. 2 ) and subsection
(o)of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), as added by section 3(a) of this Act, with the goal of promoting transparency and crafting remedies for individual violations that are effective in deterring future unlawful conduct and proportionate to the gravity of the violation. In establishing the guidelines described in subsection (a), the Attorney General and the Federal Trade Commission shall consider the relevant factors to be used for calculating an appropriate civil penalty for a particular violation, including— the volume of commerce affected; the duration and severity of the unlawful conduct; any action taken or attempted by the person to conceal the unlawful conduct; the extent to which the unlawful conduct was egregious or a clear violation of the law; whether the civil penalty is to be applied in combination with other remedies for the unlawful conduct, including structural remedies, behavioral conditions, or equitable monetary relief, including disgorgement and restitution; whether the person has previously engaged in the same or similar anticompetitive conduct; and whether the person undertook the conduct in violation of a preexisting consent decree or court order.
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