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15 U.S.C. § 18b — Mergers involving foreign government subsidies

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 18b — Mergers involving foreign government subsidies

**(a) Definition** In this section, the term “foreign entity of concern” has the meaning given the term in [section 18741 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18741&num=0&edition=prelim). **(b) Accounting for foreign government subsidies** A person required to file a notification under [section 18a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section18a&num=0&edition=prelim) that received a subsidy from a foreign entity of concern shall include in such notification content regarding such subsidy. **(c) Authority of antitrust regulators** The Federal Trade Commission, with the concurrence of the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, and in consultation with the Chairperson of the Committee on Foreign Investment in the United States, the Secretary of Commerce, the Chair of the United States International Trade Commission, the United States Trade Representative, and the heads of other appropriate agencies, and by rule in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), shall require that the notification required under subsection (b) be in such form and contain such documentary material and information relevant to a proposed acquisition as is necessary and appropriate to enable the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice to determine whether such acquisition may, if consummated, violate the antitrust laws. **(d) Effective date** Subsection (b) shall take effect on the date on which the rule described in subsection (c) takes effect.

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Stable record: federal_law:legal_authorities:record_usc_18659b0ac312049bd0e08d8a
Source file: Laws/federal/codes/united-states-code/title-15/section-18b-mergers-involving-foreign-government-subsidies--f86a4cf7c1.md
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Source location: Title 15, Chapter 1, § 18b; chapter-001-monopolies-and-combinations-in-restraint-of-trade.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 18a — Premerger notification and waiting period

**(a) Filing** Except as exempted pursuant to subsection (c), no person shall acquire, directly or indirectly, any voting securities or assets of any other person, unless both persons (or in the case of a tender offer, the acquiring person) file notification pursuant to rules under subsection (d)(1) and the waiting period described in subsection (b)(1) has expired, if— (1) the acquiring person, or the person whose voting securities or assets are being acquired, is engaged in commerce or in any activity affecting commerce; and (2) as a result of such acquisition, the acquiring person would hold an aggregate total amount of the voting securities and assets of the acquired person— (A) in excess of $200,000,000 (as adjusted and published for each fiscal year beginning after September 30, 2004, in the same manner as provided in [section 19(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section19/a/5&num=0&edition=prelim) to reflect the percentage change in the gross national product for such fiscal year compared to the gross national product for the year ending September 30, 2003); or (B) (i) in excess of $50,000,000 (as so adjusted and published) but not in excess of $200,000,000 (as so adjusted and published); and (ii) (I) any voting securities or assets of a person engaged in manufacturing which has annual net sales or total assets of $10,000,000 (as so adjusted and published) or more are being acquired by any person which has total assets or annual net sales of $100,000,000 (as so adjusted and published) or more; (II) any voting securities or assets of a person not engaged in manufacturing which has total assets of $10,000,000 (as so adjusted and published) or more are being acquired by any person

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 18741 — Savings provision

Nothing in this part affects the authority, existing on the day before November 15, 2021, of any other Federal department or agency, including the authority provided to the Secretary of Homeland Security and the Director of the Cybersecurity and Infrastructure Security Agency in title XXII of the Homeland Security Act of 2002 ([6 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section651&num=0&edition=prelim) et seq.).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1 — Trusts, etc., in restraint of trade illegal; penalty

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 18b — Mergers involving foreign government sub-

Page 33 TITLE 15—COMMERCE AND TRADE § 18b Subsec. (c)(8). Pub. L. 106–102, § 133(c)(2), inserted be- fore semicolon at end ‘‘, except that a portion of a transaction is not exempt under this paragraph if such portion of the transaction (A) is subject to section 1843(k) of title 12; and (B) does not require agency ap- proval under section 1843 of title 12’’. 1989—Subsec. (c)(7). Pub. L. 101–73, § 1214(1), inserted reference to section 1467a(e) of title 12. Subsec. (c)(8). Pub. L. 101–73, § 1214(2), struck out ref- erence to section 1726 or 1730a(e) of title 12. 1984—Subsec. (f)(2). Pub. L. 98–620 struck out designa- tion ‘‘(A)’’ before ‘‘upon the filing’’, and struck out sub- par. (B) which had provided that if the Federal Trade Commission or the Assistant Attorney General cer- tified that he or it believed that the public interest re- quired relief pendente lite pursuant to this subsection, the motion for a preliminary injunction had to be set down for hearing by the district judge so designated at the earliest practicable time, would take precedence over all matters except older matters of the same char- acter and trials pursuant to section 3161 of title 18, and had to be in every way expedited. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–553, § 1(a)(2) [title VI, § 630(e)], Dec. 21, 2000, 114 Stat. 2762, 2762A–111, provided that: ‘‘This sec- tion [amending this section and provisions set out as a note under this section] and the amendments made by this section shall take effect on the 1st day of the 1st month that begins more than 30 days after the date of the enactment of this Act [Dec. 21, 2000].’’ EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–102 effective 120 days after Nov. 12, 1999, see

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