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Title 15 — Commerce and TradeRelease 119-73not60

§6204 Limitations on Authority

Title 15 › Chapter 88— INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE › § 6204

Last updated Apr 3, 2026|Official source

Summary

Some limits on sharing or using antitrust evidence do not apply to certain kinds of evidence. Those exceptions cover four types. First, evidence given to the Attorney General or the Federal Trade Commission under section 18a (the AG or FTC can still share evidence they got in other ways with foreign antitrust authorities). Second, grand jury material that federal law keeps secret — but for one federal court rule, a foreign antitrust agency that shows a specific need will be treated like a state official and its law like a state criminal law. Third, evidence kept secret for national defense or foreign policy under Executive Order 12356 (or its successor), whether already classified or awaiting classification. Fourth, evidence classified under 42 U.S.C. 2162.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Reference

Citations & Metadata

Citation

15 U.S.C. § 6204

Title 15 — Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60