Title 15Commerce and TradeRelease 119-73

§6202 Investigations to assist foreign antitrust authority in obtaining antitrust evidence

Title 15 › Chapter CHAPTER 88— - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE › § 6202

Last updated Apr 6, 2026|Official source

Summary

A foreign antitrust agency can ask the U.S. Attorney General for help getting evidence. The Attorney General can deny the whole request or parts of it, and no work will be done on any denied part. Under a mutual help agreement, and subject to section 6207 and section 6204, the Attorney General and the Commission can use their antitrust investigation powers to collect evidence for the foreign agency. They can give that evidence to help the foreign agency decide if someone broke the law or to help enforce the law. Investigations can happen even if the conduct does not break U.S. antitrust law. No one can be forced to give testimony, statements, or documents if doing so would break a valid legal right or privilege.

Full Legal Text

Title 15, §6202

Commerce and Trade — Source: USLM XML via OLRC

(a)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)In accordance with an antitrust mutual assistance agreement in effect under this chapter, subject to section 6207 of this title, and except as provided in section 6204 of this title, 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)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)A person may not be compelled in connection with an investigation under this section to give testimony or a statement, or to produce a document or other thing, in violation of any legally applicable right or privilege.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 3 of Pub. L. 103–438. Subsec. (e) of section 3 of Pub. L. 103–438 amended section 46, 57b–1, 1311, and 1312 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 6202

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73