§6202 — Title 15 Commerce and Trade | U.S. Code

Summary

A foreign antitrust agency can ask the U.S. Attorney General for help getting evidence. The Attorney General may refuse the whole request or part of it, and no work will be done on any part that is refused. If there is a mutual assistance agreement in effect, and subject to section 6207 and the exceptions in section 6204, the Attorney General and the Federal Trade Commission may use their U.S. antitrust powers to collect and give evidence to the foreign agency to help decide or enforce that country’s antitrust laws. They may do this even if the conduct would not break U.S. antitrust law. No one can be forced to give testimony, statements, or documents if that would violate a legal right or privilege.

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.

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.

§6202 Investigations to Assist Foreign Antitrust Authority in Obtaining Antitrust Evidence

Summary

Title 15, §6202

Notes & Related Subsidiaries

Editorial Notes

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