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SEC. 5. (a) In any proceeding for judicial review of an agency order involving an action subject to section 3(a), the
agency or other proponent of the action has the burden of 5 establishing by substantial evidence based on the record as a 6 whole that the requirements of section 3(a) have been met. 7 (b) In any action where the court finds an agency in 8 violation of section 3(a), the court may award costs of litiga9 tion (including reasonable attorneys' and expert witness fees) 10 to any party if
(1) in the judgment of the court, the initiation and prosecution of such action served an important public
(2)(A) the economic interest of the person is small in comparison to the costs of effective participation in the action by that person, except that if the person is a group or organization, the economic interests of a substantial number of members of such group or organization taken individually are small in comparison to the costs of effective participation in such action, or
(B) the person demonstrates to the satisfaction of the court that such person does not have sufficient re
sources adequately to participate in the action in the
absence of an award under this subsection.
REVIEW OF POLICIES AND ANNUAL REPORT
SEC. 6. (a) Each Federal agency shall
(1) utilize a systematic approach which will insure the integration of antitrust law and policy in planning,
in decisionmaking, and in other activities which may
have an impact on competition;
(2) identify and develop, in consultation with the Attorney General and the Federal Trade Commission, methods and procedures, which will insure that antitrust laws and policies, and the promotion of competition, will be facilitated and enhanced in planning, in decisionmaking, and in other activities; and
(3) make available to States, political subdivisions of States, institutions, and individuals advice, information, and assistance in restoring, maintaining, and enhancing competition in the marketplace at the local, regional, national, and international levels.
(b) Each Federal agency shall review its present statu19 tory authority for the purpose of determining whether there 20 are any deficiencies or inconsistencies which may prevent full 21 compliance with the purpose of this Act. Each such agency 22 shall recommend to the President and to the Congress, not 23 later than January 1, 1980, such measures as may be neces24 sary or appropriate to maximize the carrying out of the pur25 poses, policies, and provisions of this Act.
1 (c) Each Federal agency shall review and modify pro2 spectively its rules, regulations, policies, practices, and pro3 cedures so as to have them conform to the purposes, policies, 4 and provisions of this Act.
(d) The Federal Trade Commission shall report annually 6 to the President and the Congress on the degree to which 7 Federal agencies have complied with the purposes of this Act 8 by fostering substantial and effective competition in the econ9 omy. Such report may focus on the industries or facets of 10 industries, subject to regulation, that the Commission be11 lieves should be accorded priority consideration for the pur12 pose of promoting competition in the economy.
SEC. 7. (a)(1) Nothing in this Act shall be deemed to 15 authorize or make lawful anything heretofore prohibited or 16 made illegal by the antitrust laws, nor to affect the applica17 bility of the penal provisions or the civil remedies therein 18 provided.
(2) The provisions of this Act are in addition to and not 20 in lieu of the provisions of the antitrust laws, and no provi21 sion of this Act shall be deemed to grant immunity, or to
22 create defenses to actions, under the antitrust laws.
23 (3) Nothing in this Act shall be deemed to preclude the 24 intervention in any agency proceedings by any party, includ25 ing the Attorney General and the Federal Trade Commis
1 sion, and nothing in this Act shall be deemed to preclude the 2 institution or maintenance of any action under the antitrust 3 laws at any time.
(b) Effective on the date of enactment of this Act, the 5 last full paragraph of section 7 of the Act entitled "An Act to 6 supplement existing laws against unlawful restraints and mo7 nopolies, and for other purposes", approved October 15, 8 1914 (15 U.S.C. 18), is repealed.
SEC. 8. As used in this Act, the term
(a) "Agency" means each authority of the Government of the United States as defined in section 551 of title 5, United States Code, except the United States Patent and Trademark Office.
(b) "Action" includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act as defined in section 551 of title 5, United States Code.
(c) "Independent regulatory agencies" means the Interstate Commerce Commission, the Federal Energy Regulatory Commission, the Federal Communications Commission, the Securities and Exchange Commission, the Civil Aeronautics Board, the Federal Maritime Commission, the Nuclear Regulatory Commission, and the International Trade Commission.