§9114 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When the Administrator gets an application to issue, transfer, or renew a license, the Administrator must send a full copy to the Attorney General right away. The Attorney General has 90 days to review the application for antitrust problems and to send any advice or recommendations to the Administrator. If no advice is sent in 90 days, the Administrator may act as if advice was given. The Administrator must not approve, transfer, or renew the license during those 90 days unless the Attorney General gives written notice that he will not send any more advice in that period. A license issued under this law does not protect anyone from civil or criminal antitrust actions. A license does not change private rights to sue under the antitrust laws. The Attorney General and the Federal Trade Commission may still challenge anticompetitive matters involving the ownership, construction, or operation of an ocean thermal energy conversion facility or plantship.

Title 42, §9114

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Whenever any application for issuance, transfer, or renewal of any license is received, the Administrator shall transmit promptly to the Attorney General a complete copy of such application. Within 90 days of the receipt of the application, the Attorney General shall conduct such antitrust review of the application as he deems appropriate, and submit to the Administrator any advice or recommendations he deems advisable to avoid any action upon such application by the Administrator which would create a situation inconsistent with the antitrust laws. If the Attorney General fails to file such views within the 90-day period, the Administrator shall proceed as if such views had been received. The Administrator shall not issue, transfer, or renew the license during the 90-day period, except upon written confirmation by the Attorney General that he does not intend to submit any further advice or recommendation on the application during such period.

(b)The issuance of a license under this chapter shall not be admissible in any way as a defense to any civil or criminal action for violation of the antitrust laws of the United States, nor shall it in any way modify or abridge any private right of action under such laws. Nothing in this section shall be construed to bar the Attorney General or the Federal Trade Commission from challenging any anticompetitive situation involved in the ownership, construction, or operation of an ocean thermal energy conversion facility or plantship.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9101 of this title and Tables.

§9114 Antitrust review