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15 U.S.C. § 6207 — Conditions on use of antitrust mutual assistance agreements
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
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Stable record: federal_law:legal_authorities:record_usc_cbf4f2c0a9f8095866e051df
Source file: Laws/federal/codes/united-states-code/title-15/section-6207-conditions-on-use-of-antitrust-mutual-assistance-agreements--7e65cbeac1.md
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Source location: Title 15, Chapter 88, § 6207; chapter-088-international-antitrust-enforcement-assistance.md
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**(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 the granting of such order, or by the provision of such antitrust evidence.
**(b) Limitation on disclosure of certain antitrust evidence** Neither the Attorney General nor the Commission may disclose in violation of an antitrust mutual assistance agreement any antitrust evidence received under such agreement, except that such agreement may not prevent the disclosure of such antitrust evidence to a defendant in an action or proceeding brought by the Attorney General or the Commission for a violation of any of the Federal laws if such disclosure would otherwise be required by Federal law.
**(c) Required disclosure of notice received** If the Attorney General or the Commission receives a notice described in [section 6211(2)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6211/2/H&num=0&edition=prelim), the Attorney General or the Commission, as the case may be, shall transmit such notice to the person that provided the evidence with respect to which such notice is received.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6204
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6203
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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
Page 2229
TITLE 15—COMMERCE AND TRADE
§ 6209
(b) Publication of proposed amendments to anti-
trust mutual assistance agreements in effect
Not less than 45 days before an agreement is
entered into that makes an amendment to an
antitrust mutual assistance agreement, the At-
torney General, with the concurrence of the
Commission, shall publish in the Federal Reg-
ister—
(1) the proposed text of such amendment,
and
(2) a request for public comment with re-
spect to such amendment.
(c) Publication of antitrust mutual assistance
agreements, amendments, and terminations
Not later than 45 days after an antitrust mu-
tual assistance agreement is entered into or ter-
minated, or an agreement that makes an amend-
ment to an antitrust mutual assistance agree-
ment is entered into, the Attorney General, with
the concurrence of the Commission, shall pub-
lish in the Federal Register—
(1) the text of the antitrust mutual assist-
ance agreement or amendment, or the terms
of the termination, as the case may be, and
(2) in the case of an agreement that makes
an amendment to an antitrust mutual assist-
ance agreement, a notice containing—
(A) citations to the locations in the Fed-
eral Register at which the text of the anti-
trust mutual assistance agreement that is so
amended, and of any previous amendments
to such agreement, are published, and
(B) a description of the manner in which a
copy of the antitrust mutual assistance
agreement, as so amended, may be obtained
from the Attorney General and the Commis-
sion.
(d) Condition for validity
An antitrust mutual assistance agreement, or
an agreement that makes an amendment to an
antitrust mutual assistance agreement, with re-
spect to which publication does not occur in ac-
cordance with subsections (a), (b), and (c)
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6207
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