15 U.S.C. § 6301 — Definitions

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 the person (if any) that pro- vided such evidence to the Attorney Gen- eral or the Commission. (3) The term ‘‘Attorney General’’ means the Attorney General of the United States. (4) The term ‘‘Commission’’ means the Fed- eral Trade Commission. (5) The term ‘‘Federal antitrust laws’’ has the meaning given the term ‘‘antitrust laws’’ in subsection (a) of section 12 of this title but also includes section 45 of this title to the ex- tent that such section 45 applies to unfair methods of competition. (6) The term ‘‘foreign antitrust authority’’ means a governmental entity of a foreign state or of a regional economic integration or- ganization that is vested by such state or such organization with authority to enforce the for- eign antitrust laws of such state or such orga- nization. (7) The term ‘‘foreign antitrust laws’’ means the laws of a foreign state, or of a regional economic integration organization, that are substantially similar to any of the Federal antitrust laws and that prohibit conduct simi- lar to conduct prohibited under the Federal antitrust laws. (8) The term ‘‘person’’ has the meaning given such term in subsection (a) of section 12 of this title. (9) The term ‘‘regional economic integration organization’’ means an organization that is constituted by, and composed of, foreign states, and on which such foreign states have conferred sovereign authority to make deci- sions that are binding on such foreign states, and that are directly applicable to and binding on persons within such foreign states, includ- ing the decisions with respect to— (A) administering or enforcing the foreign antitrust laws of such organization, and (B) prohibiting and regulating disclosure of information that is obtained by such orga- nization in the course of administering or enforcing such laws. (Pub. L. 103–438, § 12, Nov. 2, 1994, 108 Stat. 4603.) § 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, reimburse- ment for the costs incurred by the Attorney General or the Commission, respectively, in con- ducting an investigation under section 6202 of this title requested by such foreign antitrust au- thority, applying for an order under section 6203 of this title to assist such foreign antitrust au- thority, 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 anti- trust authority. (Pub. L. 103–438, § 13, Nov. 2, 1994, 108 Stat. 4605.) CHAPTER 89—PROFESSIONAL BOXING SAFETY Sec. 6301. Definitions. 6302. Purposes. 6303. Boxing matches in States without boxing commissions. 6304. Safety standards. 6305. Registration. 6306. Review. 6307. Reporting. 6307a. Contract requirements. 6307b. Protection from coercive contracts. 6307c. Sanctioning organizations. 6307d. Required disclosures to State boxing commis- sions by sanctioning organizations. 6307e. Required disclosures for promoters. 6307f. Required disclosures for judges and referees. 6307g. Confidentiality. 6307h. Judges and referees. 6308. Conflicts of interest. 6309. Enforcement. 6310. Notification of supervising boxing commis- sion. 6311. Studies. 6312. Professional boxing matches conducted on In- dian reservations. 6313. Relationship with State law. § 6301. Definitions For purposes of this chapter: (1) Boxer The term ‘‘boxer’’ means an individual who fights in a professional boxing match. Page 2232 TITLE 15—COMMERCE AND TRADE § 6301 1 So in original. No subpar. (B) has been enacted. (2) Boxing commission (A) 1 The term ‘‘boxing commission’’ means an entity authorized under State law to regu- late professional boxing matches. (3) Boxer registry The term ‘‘boxer registry’’ means any entity certified by the Association of Boxing Com- missions for the purposes of maintaining records and identification of boxers. (4) Licensee The term ‘‘licensee’’ means an individual who serves as a trainer, second, or cut man for a boxer. (5) Manager The term ‘‘manager’’ means a person who re- ceives compensation for service as an agent or representative of a boxer. (6) Matchmaker The term ‘‘matchmaker’’ means a person that proposes, selects, and arranges the boxers to participate in a professional boxing match. (7) Physician The term ‘‘physician’’ means a doctor of medicine legally authorized to practice medi- cine by the State in which the physician per- forms such function or action. (8) Professional boxing match The term ‘‘professional boxing match’’ means a boxing contest held in the United States between individuals for financial com- pensation. Such term does not include a box- ing contest that is regulated by an amateur sports organization. (9) Promoter The term ‘‘promoter’’ means the person pri- marily responsible for organizing, promoting, and producing a professional boxing match. The term ‘‘promoter’’ does not include a hotel, casino, resort, or other commercial establish- ment hosting or sponsoring a professional box- ing match unless— (A) the hotel, casino, resort, or other com- mercial establishment is primarily respon- sible for organizing, promoting, and pro- ducing the match; and (B) there is no other person primarily re- sponsible for organizing, promoting, and pro- ducing the match. (10) State The term ‘‘State’’ means each of the 50 States, Puerto Rico, the District of Columbia, and any territory or possession of the United States, including the Virgin Islands. (11) Effective date of the contract The term ‘‘effective date of the contract’’ means the day upon which a boxer becomes le- gally bound by the contract. (12) Boxing service provider The term ‘‘boxing service provider’’ means a promoter, manager, sanctioning body, li- censee, or matchmaker. (13) Contract provision The term ‘‘contract provision’’ means any legal obligation between a boxer and a boxing service provider. (14) Sanctioning organization The term ‘‘sanctioning organization’’ means an organization that sanctions professional boxing matches in the United States— (A) between boxers who are residents of different States; or (B) that are advertised, otherwise pro- moted, or broadcast (including closed circuit television) in interstate commerce. (15) Suspension The term ‘‘suspension’’ includes within its meaning the revocation of a boxing license. (Pub. L. 104–272, § 2, Oct. 9, 1996, 110 Stat. 3309; Pub. L. 106–210, § 7(a), May 26, 2000, 114 Stat. 327.) Editorial Notes CODIFICATION Pub. L. 106–210, § 7(a), which directed amendments to subsec. (a) of this section, was executed as if it directed amendments to this section rather than to subsec. (a) of this section to reflect the probable intent of Con- gress because this section does not contain a subsec. (a). See 2000 Amendment notes below. AMENDMENTS 2000—Par. (9). Pub. L. 106–210, § 7(a)(1), inserted last sentence. See Codification note above. Par. (10). Pub. L. 106–210, § 7(a)(2), inserted ‘‘, including the Virgin Islands’’ before the period at end. See Codification note above. Pars. (11) to (15). Pub. L. 106–210, § 7(a)(3), added pars. (11) to (15). See Codification note above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–272, § 23, formerly § 15, Oct. 9, 1996, 110 Stat. 3314, as renumbered § 23 by Pub. L. 106–210, § 4(1), May 26, 2000, 114 Stat. 322, provided that: ‘‘The provi- sions of this Act [enacting this chapter] shall take ef- fect on January 1, 1997, except as follows: ‘‘(1) Section 9 [now section 17, enacting section 6308 of this title] shall not apply to an otherwise author- ized boxing commission in the Commonwealth of Vir- ginia until July 1, 1998. ‘‘(2) Sections 5 through 9 [enacting sections 6304 to 6308 of this title] shall take effect on July 1, 1997.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–210, § 1, May 26, 2000, 114 Stat. 321, provided that: ‘‘This Act [enacting sections 6307a to 6307h of this title, amending this section and sections 6303, 6305, 6306, and 6308 to 6313 of this title, and enacting and amending provisions set out as notes under this section] may be cited as the ‘Muhammad Ali Boxing Reform Act’.’’ SHORT TITLE Pub. L. 104–272, § 1, Oct. 9, 1996, 110 Stat. 3309, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Professional Boxing Safety Act of 1996’.’’ FINDINGS Pub. L. 106–210, § 2, May 26, 2000, 114 Stat. 321, provided that: ‘‘The Congress makes the following findings: ‘‘(1) Professional boxing differs from other major, interstate professional sports industries in the United States in that it operates without any private sector association, league, or centralized industry organiza- Page 2233 TITLE 15—COMMERCE AND TRADE § 6305 tion to establish uniform and appropriate business practices and ethical standards. This has led to re- peated occurrences of disreputable and coercive busi- ness practices in the boxing industry, to the det- riment of professional boxers nationwide. ‘‘(2) State officials are the proper regulators of pro- fessional boxing events, and must protect the welfare of professional boxers and serve the public interest by closely supervising boxing activity in their jurisdic- tion. State boxing commissions do not currently re- ceive adequate information to determine whether boxers competing in their jurisdiction are being sub- jected to contract terms and business practices which may violate State regulations, or are onerous and confiscatory. ‘‘(3) Promoters who engage in illegal, coercive, or unethical business practices can take advantage of the lack of equitable business standards in the sport by holding boxing events in States with weaker regu- latory oversight. ‘‘(4) The sanctioning organizations which have pro- liferated in the boxing industry have not established credible and objective criteria to rate professional boxers, and operate with virtually no industry or public oversight. Their ratings are susceptible to ma- nipulation, have deprived boxers of fair opportunities for advancement, and have undermined public con- fidence in the integrity of the sport. ‘‘(5) Open competition in the professional boxing in- dustry has been significantly interfered with by re- strictive and anticompetitive business practices of certain promoters and sanctioning bodies, to the det- riment of the athletes and the ticket-buying public. Common practices of promoters and sanctioning or- ganizations represent restraints of interstate trade in the United States. ‘‘(6) It is necessary and appropriate to establish na- tional contracting reforms to protect professional boxers and prevent exploitive business practices, and to require enhanced financial disclosures to State athletic commissions to improve the public oversight of the sport.’’ PURPOSES OF 2000 AMENDMENT Pub. L. 106–210, § 3, May 26, 2000, 114 Stat. 322, provided that: ‘‘The purposes of this Act [see Short Title of 2000 Amendment note above] are— ‘‘(1) to protect the rights and welfare of profes- sional boxers on an interstate basis by preventing certain exploitive, oppressive, and unethical business practices; ‘‘(2) to assist State boxing commissions in their ef- forts to provide more effective public oversight of the sport; and ‘‘(3) to promote honorable competition in profes- sional boxing and enhance the overall integrity of the industry.’’ § 6302. Purposes The purposes of this chapter are— (1) to improve and expand the system of safety precautions that protects the welfare of professional boxers; and (2) to assist State boxing commissions to provide proper oversight for the professional boxing industry in the United States. (Pub. L. 104–272, § 3, Oct. 9, 1996, 110 Stat. 3310.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1997, see section 23 of Pub. L. 104–272, set out as a note under section 6301 of this title. § 6303. Boxing matches in States without boxing commissions (a) No person may arrange, promote, organize, produce, or fight in a professional boxing match held in a State that does not have a boxing com- mission unless the match is supervised by a box- ing commission from another State and subject to the most recent version of the recommended regulatory guidelines certified and published by the Association of Boxing Commissions as well as any additional relevant professional boxing regulations and requirements of such other State. (b) For the purpose of this chapter, if no State commission is available to supervise a boxing match according to subsection (a), then— (1) the match may not be held unless it is su- pervised by an association of boxing commis- sions to which at least a majority of the States belong; and (2) any reporting or other requirement relat- ing to a supervising commission allowed under this section shall be deemed to refer to the en- tity described in paragraph (1). (Pub. L. 104–272, § 4, Oct. 9, 1996, 110 Stat. 3310; Pub. L. 106–210, § 7(e), May 26, 2000, 114 Stat. 328.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–210 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1997, see section 23 of Pub. L. 104–272, set out as a note under section 6301 of this title. § 6304. Safety standards No person may arrange, promote, organize, produce, or fight in a professional boxing match without meeting each of the following require- ments or an alternative requirement in effect under regulations of a boxing commission that provides equivalent protection of the health and safety of boxers: (1) A physical examination of each boxer by a physician certifying whether or not the boxer is physically fit to safely compete, cop- ies of which must be provided to the boxing commission. (2) Except as otherwise expressly provided under regulation of a boxing commission pro- mulgated subsequent to October 9, 1996, an am- bulance or medical personnel with appropriate resuscitation equipment continuously present on site. (3) A physician continuously present at ring- side. (4) Health insurance for each boxer to pro- vide medical coverage for any injuries sus- tained in the match. (Pub. L. 104–272, § 5, Oct. 9, 1996, 110 Stat. 3310.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1997, see section 23(2) of Pub. L. 104–272, set out as a note under section 6301 of this title. § 6305. Registration (a) Requirements Each boxer shall register with—