Title 15, Commerce and TradeRelease 119-110

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

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

Last updated Sep 22, 2026|Official source

Summary

Allows the Attorney General and the Commission to help a foreign antitrust agency gather evidence. A foreign agency must send its request to the Attorney General. The Attorney General can deny all or part of the request, and no action can be taken on any part that is denied. Under a mutual assistance agreement, and subject to section 6207 and except as allowed by section 6204, the Attorney General and the Commission may use their antitrust investigative powers to collect and give evidence to the foreign agency to help it decide if someone broke its antitrust laws or to help enforce those laws. Investigations can be done even if the conduct would not break U.S. antitrust laws. No one can be forced to give testimony, statements, or documents if doing so would violate a legal right or privilege.

Full Legal Text

Title 15, §6202

Commerce and Trade, Source: USLM XML via OLRC

(a)Request for investigative assistance
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)Authority to investigate
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)Special scope of authority
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)Rights and privileges preserved
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 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110