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15 U.S.C. § 6212 — Authority to receive reimbursement

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

15 U.S.C. § 6212 — Authority to receive reimbursement

The Attorney General and the Commission are authorized to receive from a foreign antitrust authority, or from the foreign state or regional economic integration organization represented by such foreign antitrust authority, reimbursement for the costs incurred by the Attorney General or the Commission, respectively, in conducting an investigation under [section 6202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6202&num=0&edition=prelim) requested by such foreign antitrust authority, applying for an order under [section 6203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6203&num=0&edition=prelim) to assist such foreign antitrust authority, or providing antitrust evidence to such foreign antitrust authority under an antitrust mutual assistance agreement in effect under this chapter with respect to such foreign antitrust authority.

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Stable record: federal_law:legal_authorities:record_usc_3041f0b8927ad242e50a530a
Source file: Laws/federal/codes/united-states-code/title-15/section-6212-authority-to-receive-reimbursement--2737bd0c75.md
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Source location: Title 15, Chapter 88, § 6212; chapter-088-international-antitrust-enforcement-assistance.md

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The Attorney General and the Commission are authorized to receive from a foreign antitrust authority, or from the foreign state or regional economic integration organization represented by such foreign antitrust authority, reimbursement for the costs incurred by the Attorney General or the Commission, respectively, in conducting an investigation under [section 6202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6202&num=0&edition=prelim) requested by such foreign antitrust authority, applying for an order under [section 6203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6203&num=0&edition=prelim) to assist such foreign antitrust authority, or providing antitrust evidence to such foreign antitrust authority under an antitrust mutual assistance agreement in effect under this chapter with respect to such foreign antitrust authority.

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

15 U.S.C. § 6202 — Investigations to assist 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 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

15 U.S.C. § 6203 — Jurisdiction of district courts of United States

**(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

15 U.S.C. § 6212 — Authority to receive reimbursement

Page 2231 TITLE 15—COMMERCE AND TRADE § 6301 under section 6207(a)(1) of this title (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 evi- dence in the course of such disclosure or use, after having received adequate writ- ten 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, re- spectively, 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 memo- randum will be terminated if— (i) the confidentiality required under such agreement or such memorandum is violated with respect to antitrust evi- dence, and (ii) adequate action is not taken both to minimize any harm resulting from the vio- lation and to ensure that the confiden- tiality 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 evi- dence, 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 evi- dence provided by the Attorney General or the Commission, respectively, and (ii) by the Attorney General or the Com- mission to t

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