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Title 12 — Banks and BankingRelease 119-73

§3208 Powers available to Attorney General for enforcement

Title 12 › Chapter CHAPTER 33— - DEPOSITORY INSTITUTION MANAGEMENT INTERLOCKS › § 3208

Last updated Apr 6, 2026|Official source

Summary

Allows the Attorney General to use all the same antitrust powers found in the Clayton Act to enforce the rules in section 3206(6). The Clayton Act’s usual location or size limits do not block those powers, and the Attorney General may bring enforcement actions as if the conduct broke the Clayton Act. Also lets the Attorney General or the Assistant Attorney General who leads the Antitrust Division use those same powers to investigate possible violations of section 3206(6) the same way they would investigate Clayton Act cases.

Full Legal Text

Title 12, §3208

Banks and Banking — Source: USLM XML via OLRC

(a)For the purpose of the exercise by the Attorney General of the enforcement functions of the Attorney General under section 3206(6) 11 See References in Text note below. of this title, all of the functions and powers of the Attorney General under the Clayton Act [15 U.S.C. 12 et seq.] are available to the Attorney General, irrespective of any jurisdictional tests in the Clayton Act, including the power to take enforcement actions in the same manner as if the violation had been a violation of the Clayton Act.
(b)All of the functions and powers of the Attorney General or the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice are available to the Attorney General or to such Assistant Attorney General to investigate possible violations under section 3206(6) 1 of this title in the same manner as if such possible violations were possible violations of the Clayton Act [15 U.S.C. 12 et seq.].

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 3206(6) of this title, referred to in text, was redesignated section 3206(5) by Pub. L. 111–203, title III, § 360(1)(E), July 21, 2010, 124 Stat. 1549. The Clayton Act, referred to in text, is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to section 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, Commerce and Trade, and section 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see

References in Text

note set out under section 12 of Title 15 and Tables.

Amendments

2010—Subsec. (a). Pub. L. 111–203 substituted “the

Enforcement

functions of the Attorney General” for “his

Enforcement

functions”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

12 U.S.C. § 3208

Title 12 — Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73