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15 U.S.C. § 6202 — Investigations to assist foreign antitrust authority in obtaining antitrust evidence

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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Stable record: federal_law:legal_authorities:record_usc_dd0aa56460368836b5e94949
Source file: Laws/federal/codes/united-states-code/title-15/section-6202-investigations-to-assist-foreign-antitrust-authority-in-obtaining-antitr--60c66950f6.md
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Source location: Title 15, Chapter 88, § 6202; 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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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. § 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. § 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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15 U.S.C. § 6210 — Report to Congress

In the 30-day period beginning 3 years after November 2, 1994, and with the concurrence of the Commission, the Attorney General shall submit, to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report— (1) describing how the operation of this chapter has affected the enforcement of the Federal antitrust laws, (2) describing the extent to which foreign antitrust authorities have complied with the confidentiality requirements applicable under antitrust mutual assistance agreements in effect under this chapter, (3) specifying separately the identities of the foreign states, regional economic integration organizations, and foreign antitrust authorities that have entered into such agreements and the identities of the foreign antitrust authorities with respect to which such foreign states and such organizations have entered into such agreements, (4) specifying the identity of each foreign state, and each regional economic integration organization, that has in effect a law similar to this chapter, (5) giving the approximate number of requests made by the Attorney General and the Commission under such agreements to foreign antitrust authorities for antitrust investigations and for antitrust evidence, (6) giving the approximate number of requests made by foreign antitrust authorities under such agreements to the Attorney General and the Commission for investigations under [section 6202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6202&num=0&edition=prelim), for orders under [section 6203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6203&num=0&edition=prelim), and for antitrust evidence, and (7) describing any significant problems or concern

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15 U.S.C. § 6211 — Definitions

For purposes of this chapter: (1) The term “antitrust evidence” means information, testimony, statements, documents, or other things that are obtained in anticipation of, or during the course of, an investigation or proceeding under any of the Federal antitrust laws or any of the foreign antitrust laws. (2) The term “antitrust mutual assistance agreement” means a written agreement, or written memorandum of understanding, that is entered into by the United States and a foreign state or regional economic integration organization (with respect to the foreign antitrust authorities of such foreign state or such organization, and such other governmental entities of such foreign state or such organization as the Attorney General and the Commission jointly determine may be necessary in order to provide the assistance described in subparagraph (A)), or jointly by the Attorney General and the Commission and a foreign antitrust authority, for the purpose of conducting investigations under [section 6202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6202&num=0&edition=prelim), applying for orders under [section 6203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6203&num=0&edition=prelim), or providing antitrust evidence, on a reciprocal basis and that includes the following: (A) An assurance that the foreign antitrust authority will provide to the Attorney General and the Commission assistance that is comparable in scope to the assistance the Attorney General and the Commission provide under such agreement or such memorandum. (B) An assurance that the foreign antitrust authority is subject to laws and procedures that are adequate to maintain securely the confidentiality of antitrust evi

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

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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