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15 U.S.C. § 6211 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter:
(1) The term “antitrust evidence” means information, testimony, statements, documents, or other things that are obtained in anticipation of, or during the course of, an investigation or proceeding under any of the Federal antitrust laws or any of the foreign antitrust laws.
(2) The term “antitrust mutual assistance agreement” means a written agreement, or written memorandum of understanding, that is entered into by the United States and a foreign state or regional economic integration organization (with respect to the foreign antitrust authorities of such foreign state or such organization, and such other governmental entities of such foreign state or such organization as the Attorney General and the Commission jointly determine may be necessary in order to provide the assistance described in subparagraph (A)), or jointly by the Attorney General and the Commission and a foreign antitrust authority, for the purpose of conducting investigations under [section 6202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6202&num=0&edition=prelim), applying for orders under [section 6203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6203&num=0&edition=prelim), or providing antitrust evidence, on a reciprocal basis and that includes the following:
(A) An assurance that the foreign antitrust authority will provide to the Attorney General and the Commission assistance that is comparable in scope to the assistance the Attorney General and the Commission provide under such agreement or such memorandum.
(B) An assurance that the foreign antitrust authority is subject to laws and procedures that are adequate to maintain securely the confidentiality of antitrust evi
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Source location: Title 15, Chapter 88, § 6211; chapter-088-international-antitrust-enforcement-assistance.md
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For purposes of this chapter:
(1) The term “antitrust evidence” means information, testimony, statements, documents, or other things that are obtained in anticipation of, or during the course of, an investigation or proceeding under any of the Federal antitrust laws or any of the foreign antitrust laws.
(2) The term “antitrust mutual assistance agreement” means a written agreement, or written memorandum of understanding, that is entered into by the United States and a foreign state or regional economic integration organization (with respect to the foreign antitrust authorities of such foreign state or such organization, and such other governmental entities of such foreign state or such organization as the Attorney General and the Commission jointly determine may be necessary in order to provide the assistance described in subparagraph (A)), or jointly by the Attorney General and the Commission and a foreign antitrust authority, for the purpose of conducting investigations under [section 6202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6202&num=0&edition=prelim), applying for orders under [section 6203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6203&num=0&edition=prelim), or providing antitrust evidence, on a reciprocal basis and that includes the following:
(A) An assurance that the foreign antitrust authority will provide to the Attorney General and the Commission assistance that is comparable in scope to the assistance the Attorney General and the Commission provide under such agreement or such memorandum.
(B) An assurance that the foreign antitrust authority is subject to laws and procedures that are adequate to maintain securely the confidentiality of antitrust evidence that may be received under section 6201, 6202, or 6203 of this title and will give protection to antitrust evidence received under such section that is not less than the protection provided under the laws of the United States to such antitrust evidence.
(C) Citations to and brief descriptions of the laws of the United States, and the laws of the foreign state or regional economic integration organization represented by the foreign antitrust authority, that protect the confidentiality of antitrust evidence that may be provided under such agreement or such memorandum. Such citations and such descriptions shall include the enforcement mechanisms and penalties applicable under such laws and, with respect to a regional economic integration organization, the applicability of such laws, enforcement mechanisms, and penalties to the foreign states composing such organization.
(D) Citations to the Federal antitrust laws, and the foreign antitrust laws, with respect to which such agreement or such memorandum applies.
(E) Terms and conditions that specifically require using, disclosing, or permitting the use or disclosure of, antitrust evidence received under such agreement or such memorandum only—
(i) for the purpose of administering or enforcing the foreign antitrust laws involved, or
(ii) with respect to a specified disclosure or use requested by a foreign antitrust authority and essential to a significant law enforcement objective, in accordance with the prior written consent that the Attorney General or the Commission, as the case may be, gives after—
(I) determining that such antitrust evidence is not otherwise readily available with respect to such objective,
(II) making the determinations described in paragraphs (2) and (3) of [section 6207(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6207/a&num=0&edition=prelim), with respect to such disclosure or use, and
(III) making the determinations applicable to a foreign antitrust authority under [section 6207(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6207/a/1&num=0&edition=prelim) (other than the determination regarding the assurance described in subparagraph (A) of this paragraph), with respect to each additional governmental entity, if any, to be provided such antitrust evidence in the course of such disclosure or use, after having received adequate written assurances applicable to each such governmental entity.
(F) An assurance that antitrust evidence received under section 6201, 6202, or 6203 of this title from the Attorney General or the Commission, and all copies of such evidence, in the possession or control of the foreign antitrust authority will be returned to the Attorney General or the Commission, respectively, at the conclusion of the foreign investigation or proceeding with respect to which such evidence was so received.
(G) Terms and conditions that specifically provide that such agreement or such memorandum will be terminated if—
(i) the confidentiality required under such agreement or such memorandum is violated with respect to antitrust evidence, and
(ii) adequate action is not taken both to minimize any harm resulting from the violation and to ensure that the confidentiality required under such agreement or such memorandum is not violated again.
(H) Terms and conditions that specifically provide that if the confidentiality required under such agreement or such memorandum is violated with respect to antitrust evidence, notice of the violation will be given—
(i) by the foreign antitrust authority promptly to the Attorney General or the Commission with respect to antitrust evidence provided by the Attorney General or the Commission, respectively, and
(ii) by the Attorney General or the Commission to the person (if any) that provided such evidence to the Attorney General or the Commission.
(3) The term “Attorney General” means the Attorney General of the United States.
(4) The term “Commission” means the Federal Trade Commission.
(5) The term “Federal antitrust laws” has the meaning given the term “antitrust laws” in subsection (a) of [section 12 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim) but also includes [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim) to the extent that such section 45 applies to unfair methods of competition.
(6) The term “foreign antitrust authority” means a governmental entity of a foreign state or of a regional economic integration organization that is vested by such state or such organization with authority to enforce the foreign antitrust laws of such state or such organization.
(7) The term “foreign antitrust laws” means the laws of a foreign state, or of a regional economic integration organization, that are substantially similar to any of the Federal antitrust laws and that prohibit conduct similar to conduct prohibited under the Federal antitrust laws.
(8) The term “person” has the meaning given such term in subsection (a) of [section 12 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim).
(9) The term “regional economic integration organization” means an organization that is constituted by, and composed of, foreign states, and on which such foreign states have conferred sovereign authority to make decisions that are binding on such foreign states, and that are directly applicable to and binding on persons within such foreign states, including the decisions with respect to—
(A) administering or enforcing the foreign antitrust laws of such organization, and
(B) prohibiting and regulating disclosure of information that is obtained by such organization in the course of administering or enforcing such laws.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
**(b)** This Act may be cited as the “Clayton Act”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade**
(1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
(2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [[7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.
(3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless—
(A) such methods of competition have a direct, substantial, and reasonably foreseeable effect—
(i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or
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Federal law — U.S. Code and appendices · legal_authorities
**(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 antitrust mutual assistance agreement in effect under this chapter, subject to [section 6207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6207&num=0&edition=prelim), and except as provided in [section 6204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6204&num=0&edition=prelim), 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 chapter, 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 antitrust laws.
**(d) Rights and privileges preserved** A person may not be compelled in conne
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of district courts** On the application of the Attorney General made in accordance with an antitrust mutual assistance agreement in effect under this chapter, the United States district court for the district in which a person resides, is found, or transacts business may order such person to give testimony or a statement, or to produce a document or other thing, to the Attorney General to assist a foreign antitrust authority with respect to which such agreement is in effect under this chapter—
(1) in determining whether a person has violated or is about to violate any of the foreign antitrust laws administered or enforced by the foreign antitrust authority, or
(2) in enforcing any of such foreign antitrust laws.
**(b) Contents of order**
(1) **Use of appointee to receive evidence**
(A) An order issued under subsection (a) may direct that testimony or a statement be given, or a document or other thing be produced, to a person who shall be recommended by the Attorney General and appointed by the court.
(B) A person appointed under subparagraph (A) shall have power to administer any necessary oath and to take such testimony or such statement.
(2) **Practice and procedure**
(A) An order issued under subsection (a) may prescribe the practice and procedure for taking testimony and statements and for producing documents and other things.
(B) Such practice and procedure may be in whole or in part the practice and procedure of the foreign state, or the regional economic integration organization, represented by the foreign antitrust authority with respect to which the Attorney General requests such order.
(C) To the extent such order does not prescribe otherwise, any testimony and statements required to be taken shall be taken, and any document
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
**(a)** The term “antitrust law” includes:
(1) Each provision of law defined as one of the antitrust laws by [section 12 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim); and
(2) Any statute enacted on and after September 19, 1962, by the Congress which prohibits, or makes available to the United States in any court of the United States any civil remedy with respect to any restraint upon or monopolization of interstate or foreign trade or commerce;
**(b)** The term “antitrust order” means any final order, decree, or judgment of any court of the United States, duly entered in any case or proceeding arising under any antitrust law;
**(c)** The term “antitrust investigation” means any inquiry conducted by any antitrust investigator for the purpose of ascertaining whether any person is or has been engaged in any antitrust violation or in any activities in preparation for a merger, acquisition, joint venture, or similar transaction, which, if consummated, may result in an antitrust violation;
**(d)** The term “antitrust violation” means any act or omission in violation of any antitrust law, any antitrust order or, with respect to the International Antitrust Enforcement Assistance Act of 1994 [[15 U.S.C. 6201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6201&num=0&edition=prelim) et seq.], any of the foreign antitrust laws;
**(e)** The term “antitrust investigator” means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect any antitrust law;
**(f)** The term “person” means any natural person, partnership, corporation, association, or other legal entity, inclu
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Federal law — U.S. Code and appendices · legal_authorities
The Commission shall also have power—
**(a) Investigation of persons, partnerships, or corporations** To gather and compile information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any person, partnership, or corporation engaged in or whose business affects commerce, excepting banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), and common carriers subject to the Act to regulate commerce, and its relation to other persons, partnerships, and corporations.
**(b) Reports of persons, partnerships, and corporations** To require, by general or special orders, persons, partnerships, and corporations, engaged in or whose business affects commerce, excepting banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), and common carriers subject to the Act to regulate commerce, or any class of them, or any of them, respectively, to file with the Commission in such form as the Commission may prescribe annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the Commission such information as it may require as to the organization, business, condu
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section:
(1) The terms “civil investigative demand” and “demand” mean any demand issued by the commission under subsection (c)(1).
(2) The term “Commission investigation” means any inquiry conducted by a Commission investigator for the purpose of ascertaining whether any person is or has been engaged in any unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)) or in any antitrust violations.
(3) The term “Commission investigator” means any attorney or investigator employed by the Commission who is charged with the duty of enforcing or carrying into effect any provisions relating to unfair or deceptive acts or practices in or affecting commerce (within the meaning of [section 45(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)) or any provisions relating to antitrust violations.
(4) The term “custodian” means the custodian or any deputy custodian designated under [section 57b–2(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57b–2/b/2/A&num=0&edition=prelim).
(5) The term “documentary material” includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document.
(6) The term “person” means any natural person, partnership, corporation, association, or other legal entity, including any person acting under color or authority of State law.
(7) The term “violation” means any act or omission constituting an unfair or deceptive act or practice in or affecting commerce (wi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section:
(1) The term “material” means documentary material, tangible things, written reports or answers to questions, and transcripts of oral testimony.
(2) The term “Federal agency” has the meaning given it in section 552(e) 11 See References in Text note below. of title 5.
**(b) Procedures respecting documents, tangible things, or transcripts of oral testimony received pursuant to compulsory process or investigation**
(1) With respect to any document, tangible thing, or transcript of oral testimony received by the Commission pursuant to compulsory process in an investigation, a purpose of which is to determine whether any person may have violated any provision of the laws administered by the Commission, the procedures established in paragraph (2) through paragraph (7) shall apply.
(2)
(A) The Commission shall designate a duly authorized agent to serve as custodian of documentary material, tangible things, or written reports or answers to questions, and transcripts of oral testimony, and such additional duly authorized agents as the Commission shall determine from time to time to be necessary to serve as deputies to the custodian.
(B) Any person upon whom any demand for the production of documentary material has been duly served shall make such material available for inspection and copying or reproduction to the custodian designated in such demand at the principal place of business of such person (or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct pursuant to [section 57b–1(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57b–1/h&num=0&edition=prelim)) on the return date specified in such demand
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application with other laws** The Right to Financial Privacy Act ([12 U.S.C. 3401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3401&num=0&edition=prelim) et seq.) and chapter 121 of title 18 shall apply with respect to the Commission, except as otherwise provided in this section.
**(b) Procedures for delay of notification or prohibition of disclosure** The procedures for delay of notification or prohibition of disclosure under the Right to Financial Privacy Act ([12 U.S.C. 3401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3401&num=0&edition=prelim) et seq.) and chapter 121 of title 18, including procedures for extensions of such delays or prohibitions, shall be available to the Commission, provided that, notwithstanding any provision therein—
(1) a court may issue an order delaying notification or prohibiting disclosure (including extending such an order) in accordance with the procedures of section 1109 of the Right to Financial Privacy Act ([12 U.S.C. 3409](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3409&num=0&edition=prelim)) (if notification would otherwise be required under that Act), or [section 2705 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2705&num=0&edition=prelim) (if notification would otherwise be required under chapter 121 of that title), if the presiding judge or magistrate judge finds that there is reason to believe that such notification or disclosure may cause an adverse result as defined in subsection (g) of this section; and
(2) if notification would otherwise be required under chapter 121 of title 18, the Commission may delay notification (including extending such a delay) upon the execution of a wri
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Federal law — U.S. Code and appendices · legal_authorities
Page 2230
TITLE 15—COMMERCE AND TRADE
§ 6210
(b) Attorney General and Commission
This chapter shall not be construed to modify
or affect the allocation of responsibility between
the Attorney General and the Commission for
the enforcement of the Federal antitrust laws.
(Pub. L. 103–438, § 10, Nov. 2, 1994, 108 Stat. 4602.)
§ 6210. Report to Congress
In the 30-day period beginning 3 years after
November 2, 1994, and with the concurrence of
the Commission, the Attorney General shall
submit, to the Speaker of the House of Rep-
resentatives and the President pro tempore of
the Senate, a report—
(1) describing how the operation of this
chapter has affected the enforcement of the
Federal antitrust laws,
(2) describing the extent to which foreign
antitrust authorities have complied with the
confidentiality requirements applicable under
antitrust mutual assistance agreements in ef-
fect under this chapter,
(3) specifying separately the identities of the
foreign states, regional economic integration
organizations, and foreign antitrust authori-
ties that have entered into such agreements
and the identities of the foreign antitrust au-
thorities with respect to which such foreign
states and such organizations have entered
into such agreements,
(4) specifying the identity of each foreign
state, and each regional economic integration
organization, that has in effect a law similar
to this chapter,
(5) giving the approximate number of re-
quests made by the Attorney General and the
Commission under such agreements to foreign
antitrust authorities for antitrust investiga-
tions and for antitrust evidence,
(6) giving the approximate number of re-
quests made by foreign antitrust authorities
under such agreements to the Attorney Gen-
eral and the Commissio
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