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15 U.S.C. § 6204 — Limitations on authority
Federal law — U.S. Code and appendices · legal_authorities
Sections 6201, 6202, and 6203 of this title shall not apply with respect to the following antitrust evidence:
(1) Antitrust evidence that is received by the Attorney General or the Commission under [section 18a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section18a&num=0&edition=prelim). Nothing in this paragraph shall affect the ability of the Attorney General or the Commission to disclose to a foreign antitrust authority antitrust evidence that is obtained otherwise than under [section 18a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section18a&num=0&edition=prelim).
(2) Antitrust evidence that is matter occurring before a grand jury and with respect to which disclosure is prevented by Federal law, except that for the purpose of applying Rule 6(e)(3)(C)(iv) of the Federal Rules of Criminal Procedure with respect to this section—
(A) a foreign antitrust authority with respect to which a particularized need for such antitrust evidence is shown shall be considered to be an appropriate official of any of the several States, and
(B) a foreign antitrust law administered or enforced by the foreign antitrust authority shall be considered to be a State criminal law.
(3) Antitrust evidence that is specifically authorized under criteria established by Executive Order 12356, or any successor to such order, to be kept secret in the interest of national defense or foreign policy, and—
(A) that is classified pursuant to such order or such successor, or
(B) with respect to which a determination of classification is pending under such order or such successor.
(4) Antitrust evidence that is classified under [section 2162 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli
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Source file: Laws/federal/codes/united-states-code/title-15/section-6204-limitations-on-authority--a0e906bc69.md
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Source location: Title 15, Chapter 88, § 6204; chapter-088-international-antitrust-enforcement-assistance.md
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Sections 6201, 6202, and 6203 of this title shall not apply with respect to the following antitrust evidence:
(1) Antitrust evidence that is received by the Attorney General or the Commission under [section 18a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section18a&num=0&edition=prelim). Nothing in this paragraph shall affect the ability of the Attorney General or the Commission to disclose to a foreign antitrust authority antitrust evidence that is obtained otherwise than under [section 18a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section18a&num=0&edition=prelim).
(2) Antitrust evidence that is matter occurring before a grand jury and with respect to which disclosure is prevented by Federal law, except that for the purpose of applying Rule 6(e)(3)(C)(iv) of the Federal Rules of Criminal Procedure with respect to this section—
(A) a foreign antitrust authority with respect to which a particularized need for such antitrust evidence is shown shall be considered to be an appropriate official of any of the several States, and
(B) a foreign antitrust law administered or enforced by the foreign antitrust authority shall be considered to be a State criminal law.
(3) Antitrust evidence that is specifically authorized under criteria established by Executive Order 12356, or any successor to such order, to be kept secret in the interest of national defense or foreign policy, and—
(A) that is classified pursuant to such order or such successor, or
(B) with respect to which a determination of classification is pending under such order or such successor.
(4) Antitrust evidence that is classified under [section 2162 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2162&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Periodic determination** The Commission shall from time to time determine the data, within the definition of Restricted Data, which can be published without undue risk to the common defense and security and shall thereupon cause such data to be declassified and removed from the category of Restricted Data.
**(b) Continuous review** The Commission shall maintain a continuous review of Restricted Data and of any Classification Guides issued for the guidance of those in the atomic energy program with respect to the areas of Restricted Data which have been declassified in order to determine which information may be declassified and removed from the category of Restricted Data without undue risk to the common defense and security.
**(c) Joint determination on atomic weapons; Presidential determination on disagreement** In the case of Restricted Data which the Commission and the Department of Defense jointly determine to relate primarily to the military utilization of atomic weapons, the determination that such data may be published without constituting an unreasonable risk to the common defense and security shall be made by the Commission and the Department of Defense jointly, and if the Commission and the Department of Defense do not agree, the determination shall be made by the President.
**(d) Removal from Restricted Data category**
(1) The Commission shall remove from the Restricted Data category such data as the Commission and the Department of Defense jointly determine relates primarily to the military utilization of atomic weapons and which the Commission and Department of Defense jointly determine can be adequately safeguarded as defense information: Provided, however, That no such data so removed from the Restricted Data category shall be transmitted or ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2162
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 18a
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Federal law — U.S. Code and appendices · legal_authorities
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 of the United States and the Federal Trade Commission may provide to a foreign antitrust authority with respect to which such agreement is in effect under this chapter, antitrust evidence to assist the foreign antitrust authority—
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6201
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6202
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determinations** Neither the Attorney General nor the Commission may conduct an investigation under [section 6202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6202&num=0&edition=prelim), apply 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), or provide antitrust evidence to a foreign antitrust authority under an antitrust mutual assistance agreement, unless the Attorney General or the Commission, as the case may be, determines in the particular instance in which the investigation, application, or antitrust evidence is requested that—
(1) the foreign antitrust authority—
(A) will satisfy the assurances, terms, and conditions described in subparagraphs (A), (B), and (E) of [section 6211(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6211/2&num=0&edition=prelim), and
(B) is capable of complying with and will comply with the confidentiality requirements applicable under such agreement to the requested antitrust evidence,
(2) providing the requested antitrust evidence will not violate [section 6204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6204&num=0&edition=prelim), and
(3) conducting such investigation, applying for such order, or providing the requested antitrust evidence, as the case may be, is consistent with the public interest of the United States, taking into consideration, among other factors, whether the foreign state or regional economic integration organization represented by the foreign antitrust authority holds any proprietary interest that could benefit or otherwise be affected by such investigation, by t
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6207
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determinations** Determinations made under paragraphs (1) 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) shall not be subject to judicial review.
**(b) Citations to and descriptions of confidentiality laws** Whether an antitrust mutual assistance agreement satisfies [section 6211(2)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6211/2/C&num=0&edition=prelim) shall not be subject to judicial review.
**(c) Rules of construction**
(1) **Administrative Procedure Act** — The requirements in [section 6206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6206&num=0&edition=prelim) with respect to publication and request for public comment shall not be construed to create any availability of judicial review under chapter 7 of title 5.
(2) **Laws referenced in [section 6204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6204&num=0&edition=prelim)** — Nothing in this section shall be construed to affect the availability of judicial review under laws referred to in [section 6204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6204&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6208
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Federal law — U.S. Code and appendices · legal_authorities
Page 2228
TITLE 15—COMMERCE AND TRADE
§ 6204
(1) in determining whether a person has vio-
lated 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 At-
torney General and appointed by the court.
(B) A person appointed under subparagraph
(A) shall have power to administer any nec-
essary 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 tak-
ing testimony and statements and for pro-
ducing 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 in-
tegration organization, represented by the for-
eign antitrust authority with respect to which
the Attorney General requests such order.
(C) To the extent such order does not pre-
scribe otherwise, any testimony and state-
ments required to be taken shall be taken, and
any documents and other things required to be
produced shall be produced, in accordance
with the Federal Rules of Civil Procedure.
(c) Rights and privileges preserved
A person may not be compelled under an order
issued under subsection (a) to give testimony or
a statement, or to produce a document or other
thing, in violation of any legally applicable
right or privilege.
(d) Voluntary conduct
This section does not preclude a person in the
United States from v
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6204
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