PA 09-68—SB 964

Judiciary Committee

AN ACT CONCERNING THE CONNECTICUT ANTITRUST ACT

SUMMARY: This act increases the maximum civil penalty that courts may impose on violators of the Connecticut antitrust act in cases the attorney general brings against (1) an individual, from $25,000 to $100,000, and (2) a corporation, limited liability company, partnership, or any other legal or commercial entity, from $250,000 to $1,000,000. The act imposes the same confidentiality requirements on documentary material and other information voluntarily revealed to the attorney general in an anti-trust investigation as currently apply to material and information subpoenaed by the attorney general. The act specifies that “documentary material” includes information that is in written, recorded, or electronic form.

Finally, the act increases, from $500 to $2,000, the maximum civil penalty that a court may award for failing to comply with a subpoena, interrogatory, or other demand for documentary material made by the attorney general in connection with an antitrust violation investigation.

EFFECTIVE DATE: October 1, 2009 except the provision concerning documentary materials and other information becomes effective July 1, 2009.

DOCUMENTARY MATERIAL OR OTHER VOLUNTARILY FURNISHED INFORMATION

The act requires that the attorney general keep in his custody all documentary material or other information furnished voluntarily for suspected violations of the antitrust act. It makes the material and other information and the identity of the person furnishing the information unavailable to the public. The act requires that the material or other information must be returned to the person furnishing it when the attorney general ends his investigation or any related anti-trust action or proceeding is terminated.

BACKGROUND

Related Case

The State Supreme Court held that the scope of the protection provided by the confidentiality provision contained in existing law is not clear (Brown and Brown Inc. v. Blumenthal 288 Conn. 646 (2008)).

OLR Tracking: GC: SNE: PF: DF