Title 15, Commerce and TradeRelease 119-110

§6207 Conditions on Use of Antitrust Mutual Assistance Agreements

Title 15 › CHAPTER 88 — INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE › § 6207

Last updated Sep 22, 2026|Official source

Summary

Before the Attorney General or the Commission can investigate under section 6202, ask for an order under section 6203, or give antitrust evidence to a foreign competition authority under a sharing agreement, they must decide each time that three things are true. The foreign authority will meet the assurances and terms in 6211(2)(A), (B), and (E) and can follow the agreement’s confidentiality rules; giving the evidence will not break section 6204; and doing the action is in the public interest, including checking whether the foreign country or regional organization has any proprietary interest that could be helped or harmed. They may not disclose evidence in ways that break the sharing agreement, except the agreement cannot stop giving evidence to a defendant in a U.S. enforcement case if federal law requires it. If they get a notice described in 6211(2)(H), they must pass that notice to the person who provided the evidence.

Full Legal Text

Title 15, §6207

Commerce and Trade, Source: USLM XML via OLRC

(a)Determinations

Neither the Attorney General nor the Commission may conduct an investigation under section 6202 of this title, apply for an order under section 6203 of this title, or provide antitrust evidence to a foreign antitrust authority under an antitrust mutual assistance agreement, unless the Attorney General or the Commission, as the case may be, determines in the particular instance in which the investigation, application, or antitrust evidence is requested that—

(1)the foreign antitrust authority—

(A)will satisfy the assurances, terms, and conditions described in subparagraphs (A), (B), and (E) of section 6211(2) of this title, and

(B)is capable of complying with and will comply with the confidentiality requirements applicable under such agreement to the requested antitrust evidence,

(2)providing the requested antitrust evidence will not violate section 6204 of this title, and

(3)conducting such investigation, applying for such order, or providing the requested antitrust evidence, as the case may be, is consistent with the public interest of the United States, taking into consideration, among other factors, whether the foreign state or regional economic integration organization represented by the foreign antitrust authority holds any proprietary interest that could benefit or otherwise be affected by such investigation, by the granting of such order, or by the provision of such antitrust evidence.

(b)Limitation on disclosure of certain antitrust evidence

Neither the Attorney General nor the Commission may disclose in violation of an antitrust mutual assistance agreement any antitrust evidence received under such agreement, except that such agreement may not prevent the disclosure of such antitrust evidence to a defendant in an action or proceeding brought by the Attorney General or the Commission for a violation of any of the Federal laws if such disclosure would otherwise be required by Federal law.

(c)Required disclosure of notice received

If the Attorney General or the Commission receives a notice described in section 6211(2)(H) of this title, the Attorney General or the Commission, as the case may be, shall transmit such notice to the person that provided the evidence with respect to which such notice is received.

Reference

Citations & Metadata

Citation

15 U.S.C. § 6207

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110