PRIA, Government Policy, Made Personal

Summary

When the Attorney General asks for help under an antitrust mutual assistance agreement, a U.S. federal district court where a person lives, is found, or does business can order that person to give testimony, make a statement, or produce documents or other items. The order is to help a foreign antitrust authority either decide if someone broke its antitrust laws or to help enforce those laws. The court can name a person (recommended by the Attorney General) to receive the evidence and to swear in witnesses. The court can set how testimony and documents are taken. It can use the foreign authority’s procedures, or, if it does not say otherwise, the Federal Rules of Civil Procedure apply. No one can be forced to give testimony or documents in a way that violates a legal right or privilege. People may also choose to give evidence voluntarily.

Title 15, §6203

Commerce and Trade, Source: USLM XML via OLRC

(a)Authority of district courts

On the application of the Attorney General made in accordance with an antitrust mutual assistance agreement in effect under this chapter, the United States district court for the district in which a person resides, is found, or transacts business may order such person to give testimony or a statement, or to produce a document or other thing, to the Attorney General to assist a foreign antitrust authority with respect to which such agreement is in effect under this chapter—

(1)in determining whether a person has violated or is about to violate any of the foreign antitrust laws administered or enforced by the foreign antitrust authority, or

(2)in enforcing any of such foreign antitrust laws.

(b)Contents of order

(1)Use of appointee to receive evidence

(A)An order issued under subsection (a) may direct that testimony or a statement be given, or a document or other thing be produced, to a person who shall be recommended by the Attorney General and appointed by the court.

(B)A person appointed under subparagraph (A) shall have power to administer any necessary oath and to take such testimony or such statement.

(2)Practice and procedure

(A)An order issued under subsection (a) may prescribe the practice and procedure for taking testimony and statements and for producing documents and other things.

(B)Such practice and procedure may be in whole or in part the practice and procedure of the foreign state, or the regional economic integration organization, represented by the foreign antitrust authority with respect to which the Attorney General requests such order.

(C)To the extent such order does not prescribe otherwise, any testimony and statements required to be taken shall be taken, and any documents and other things required to be produced shall be produced, in accordance with the Federal Rules of Civil Procedure.

(c)Rights and privileges preserved

A person may not be compelled under an order issued under subsection (a) to give testimony or a statement, or to produce a document or other thing, in violation of any legally applicable right or privilege.

(d)Voluntary conduct

This section does not preclude a person in the United States from voluntarily giving testimony or a statement, or producing a document or other thing, in any manner acceptable to such person for use in an investigation by a foreign antitrust authority.

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b)(2)(C), are classified to Title 28, Appendix, Judiciary and Judicial Procedure.

§6203 Jurisdiction of District Courts of United States

Summary

Title 15, §6203

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata