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15 U.S.C. § 6201 — Disclosure to foreign antitrust authority of antitrust evidence

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

15 U.S.C. § 6201 — Disclosure to foreign antitrust authority of antitrust evidence

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.

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Source location: Title 15, Chapter 88, § 6201; chapter-088-international-antitrust-enforcement-assistance.md

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

15 U.S.C. § 6204 — Limitations on authority

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

15 U.S.C. § 6207 — Conditions on use of antitrust mutual assistance agreements

**(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

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

15 U.S.C. § 1311 — Definitions

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

15 U.S.C. § 1312 — Civil investigative demands

**(a) Issuance; service; production of material; testimony** Whenever the Attorney General, or the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, has reason to believe that any person may be in possession, custody, or control of any documentary material, or may have any information, relevant to a civil antitrust investigation 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.], an investigation authorized by section 3 of such Act [[15 U.S.C. 6202](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6202&num=0&edition=prelim)], he may, prior to the institution of a civil or criminal proceeding by the United States thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such documentary material for inspection and copying or reproduction, to answer in writing written interrogatories, to give oral testimony concerning documentary material or information, or to furnish any combination of such material, answers, or testimony. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General or the Assistant Attorney General in charge of the Antitrust Division shall cause to be served, in any manner authorized by this section, a copy of such demand upon the person from whom the discovery was obtained and notify the person to whom such demand is issued of the date on which such copy was served. **(b) Contents; return date for demand for product of discovery** Each such demand shall— (1) state the nature of— (A) the conduct const

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

15 U.S.C. § 46 — Additional powers of Commission

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

15 U.S.C. § 57b–1 — Civil investigative demands

**(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

15 U.S.C. § 6201 — Disclosure to foreign antitrust authority

Page 2227 TITLE 15—COMMERCE AND TRADE § 6203 (b) Removal of invalid, disconnected, and reas- signed telephone numbers The Federal Trade Commission shall periodi- cally check telephone numbers registered on the national ‘‘do-not-call’’ registry against national or other appropriate databases and shall remove from such registry those telephone numbers that have been disconnected and reassigned. Nothing in this section prohibits the Federal Trade Commission from removing invalid tele- phone numbers from the registry at any time. (Pub. L. 108–10, § 5, as added Pub. L. 110–187, § 2, Feb. 15, 2008, 122 Stat. 633.) CHAPTER 88—INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE Sec. 6201. Disclosure to foreign antitrust authority of antitrust evidence. 6202. Investigations to assist foreign antitrust au- thority in obtaining antitrust evidence. 6203. Jurisdiction of district courts of United States. 6204. Limitations on authority. 6205. Exception to certain disclosure restrictions. 6206. Publication requirements applicable to anti- trust mutual assistance agreements. 6207. Conditions on use of antitrust mutual assist- ance agreements. 6208. Limitations on judicial review. 6209. Preservation of existing authority. 6210. Report to Congress. 6211. Definitions. 6212. Authority to receive reimbursement. § 6201. Disclosure to foreign antitrust authority of antitrust evidence In accordance with an antitrust mutual assist- ance agreement in effect under this chapter, subject to section 6207 of this title, and except as provided in section 6204 of this title, the Attor- ney General of the United States and the Fed- eral Trade Commission may provide to a foreign antitrust authority with respect to which such agreement is in effect under this chapter

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