15 U.S.C. § 6210 — Report to Congress

Page 2230 TITLE 15—COMMERCE AND TRADE § 6210 (b) Attorney General and Commission This chapter shall not be construed to modify or affect the allocation of responsibility between the Attorney General and the Commission for the enforcement of the Federal antitrust laws. (Pub. L. 103–438, § 10, Nov. 2, 1994, 108 Stat. 4602.) § 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 Rep- resentatives 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 ef- fect under this chapter, (3) specifying separately the identities of the foreign states, regional economic integration organizations, and foreign antitrust authori- ties that have entered into such agreements and the identities of the foreign antitrust au- thorities 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 re- quests made by the Attorney General and the Commission under such agreements to foreign antitrust authorities for antitrust investiga- tions and for antitrust evidence, (6) giving the approximate number of re- quests made by foreign antitrust authorities under such agreements to the Attorney Gen- eral and the Commission for investigations under section 6202 of this title, for orders under section 6203 of this title, and for anti- trust evidence, and (7) describing any significant problems or concerns of which the Attorney General is aware with respect to the operation of this chapter. (Pub. L. 103–438, § 11, Nov. 2, 1994, 108 Stat. 4602.) § 6211. Definitions For purposes of this chapter: (1) The term ‘‘antitrust evidence’’ means in- formation, testimony, statements, documents, or other things that are obtained in anticipa- tion of, or during the course of, an investiga- tion 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 for- eign state or regional economic integration organization (with respect to the foreign anti- trust authorities of such foreign state or such organization, and such other governmental en- tities of such foreign state or such organiza- tion as the Attorney General and the Commis- sion 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 con- ducting investigations under section 6202 of this title, applying for orders under section 6203 of this title, or providing antitrust evi- dence, on a reciprocal basis and that includes the following: (A) An assurance that the foreign anti- trust 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 pro- vide under such agreement or such memo- randum. (B) An assurance that the foreign antitrust authority is subject to laws and procedures that are adequate to maintain securely the confidentiality of antitrust evidence that may be received under section 6201, 6202, or 6203 of this title and will give protection to antitrust evidence received under such sec- tion that is not less than the protection pro- vided under the laws of the United States to such antitrust evidence. (C) Citations to and brief descriptions of the laws of the United States, and the laws of the foreign state or regional economic in- tegration organization represented by the foreign antitrust authority, that protect the confidentiality of antitrust evidence that may be provided under such agreement or such memorandum. Such citations and such descriptions shall include the enforcement mechanisms and penalties applicable under such laws and, with respect to a regional economic integration organization, the ap- plicability of such laws, enforcement mecha- nisms, and penalties to the foreign states composing such organization. (D) Citations to the Federal antitrust laws, and the foreign antitrust laws, with re- spect to which such agreement or such memorandum applies. (E) Terms and conditions that specifically require using, disclosing, or permitting the use or disclosure of, antitrust evidence re- ceived under such agreement or such memo- randum only— (i) for the purpose of administering or enforcing the foreign antitrust laws in- volved, or (ii) with respect to a specified disclosure or use requested by a foreign antitrust au- thority and essential to a significant law enforcement objective, in accordance with the prior written consent that the Attor- ney General or the Commission, as the case may be, gives after— (I) determining that such antitrust evi- dence is not otherwise readily available with respect to such objective, (II) making the determinations de- scribed in paragraphs (2) and (3) of sec- tion 6207(a) of this title, with respect to such disclosure or use, and (III) making the determinations appli- cable to a foreign antitrust authority