§6204 — Title 15 Commerce and Trade | U.S. Code

Summary

Some earlier rules in this law do not apply to four kinds of antitrust evidence. First, evidence given to the Attorney General or the Commission under section 18a; that does not stop them from sharing evidence they got by other means with a foreign antitrust authority. Second, grand‑jury material that federal law forbids disclosing; for Rule 6(e)(3)(C)(iv) a foreign antitrust authority shown to need it is treated like a State official and its law like a State criminal law. Third, evidence kept secret under Executive Order 12356 (or a successor), whether already classified or awaiting classification. Fourth, evidence classified under section 2162 of title 42.

Title 15, §6204

Commerce and Trade — Source: USLM XML via OLRC

section 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. 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.

(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.

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References in Text

Rule 6(e)(3)(C)(iv) of the Federal Rules of Criminal Procedure, referred to in par. (2), is set out in the Appendix to Title 18, Crimes and Criminal Procedure. Executive Order 12356, referred to in par. (3), is Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which was formerly set out as a note under section 435 (now section 3161) of Title 50, War and National Defense, was revoked by Ex. Ord. No. 12958, § 6.1(d), Apr. 17, 1995, 60 F.R. 19843.

§6204 Limitations on authority

Summary

Title 15, §6204

Notes & Related Subsidiaries

Editorial Notes

References in Text

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