§ 6202. Investigations to assist foreign antitrust authority in obtaining antitrust evidence

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   International Antitrust Enforcement Assistance Act of 1994

   Pub. L. 103–438 § 3 · 108 Stat. 4597

   Enacted · 15 U.S.C. § 6202

   (Pub. L. 103–438, § 3, Nov. 2, 1994, 108 Stat. 4597.)

   Source evidence

   Code source credit
   (Pub. L. 103–438, § 3, Nov. 2, 1994, 108 Stat. 4597.)

   Enacted provision · exact public law section
   SEC. 3. INVESTIGATIONS TO ASSIST A FOREIGN ANTITRUST AUTHORITY IN OBTAINING ANTITRUST EVIDENCE. (a) Request for Investigative Assistance.— A request by a foreign antitrust authority for investigative assistance under this section shall be made to the Attorney General, who may deny the request in whole or in part. No further action shall be taken under this section with respect to any part of a request that has been denied by the Attorney General. (b) Authority To Investigate.— In accordance with an anti-trust mutual assistance agreement in effect under this Act, subject to section 8, and except as provided in section 5, the Attorney General and the Commission may, using their respective authority to investigate possible violations of the Federal antitrust laws, conduct investigations to obtain antitrust evidence relating to a possible violation of the foreign antitrust laws administered or enforced by the foreign antitrust authority with respect to which such agreement is in effect under this Act, and may provide such antitrust evidence to the foreign antitrust authority, to assist the foreign antitrust authority— (1) in determining whether a person has violated or is about to violate any of such foreign antitrust laws, or (2) in enforcing any of such foreign antitrust laws. (c) Special Scope of Authority.— An investigation may be conducted under subsection (b), and antitrust evidence obtained through such investigation may be provided, without regard to whether the conduct investigated violates any of the Federal anti-trust laws. (d) Rights and Privileges Preserved.— A person may not be compelled in connection with an investigation under this section to give testimony or a statement, or to produce a document or other thing, in violation of any legally applicable right or privilege. (e) Conforming Amendments.— (1) Antitrust civil process act.— The Antitrust Civil Process Act (15 U.S.C. 1311 et seq.) is amended— (A) in section 2— (i) in subsection (d)— (I) by striking “or any” and inserting “, any”, and (II) by inserting before the semicolon “or, with respect to the International Antitrust Enforcement Assistance Act of 1994, any of the foreign antitrust laws”, and (ii) by adding at the end the following: “(k) The term ‘foreign antitrust laws’ has the meaning given such term in section 12 of the International Antitrust Enforcement Assistance Act of 1994.”, and (B) in the first sentence of section 3(a)— (i) by inserting “or, with respect to the International Antitrust Enforcement Assistance Act of 1994, an investigation authorized by section 3 of such Act” after “investigation”, and (ii) by inserting “by the United States” after “proceeding”. (2) Federal trade commission act.— The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended— (A) in section 6 by inserting after subsection (h) the following: “(i) With respect to the International Antitrust Enforcement Assistance Act of 1994, to conduct investigations of possible violations of foreign antitrust laws (as defined in section 12 of such Act).”; (B) in section 20(a) by amending paragraph (8) to read as follows: “(8) The term ‘antitrust violation’ means— “(A) any unfair method of competition (within the meaning of section 5(a)(1)); “(B) any violation of the Clayton Act or of any other Federal statute that prohibits, or makes available to the Commission a civil remedy with respect to, any restraint upon or monopolization of interstate or foreign trade or commerce; “(C) with respect to the International Antitrust Enforcement Assistance Act of 1994, any violation of any of the foreign antitrust laws (as defined in section 12 of such Act) with respect to which a request is made under section 3 of such Act; or “(D) any activity in preparation for a merger, acquisition, joint venture, or similar transaction, which if consummated, may result in any such unfair method of competition or in any such violation.”.

1 of 1 references resolved to an enrolled provision