§ 6203. — Jurisdiction of district courts of United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6203]
TITLE 15--COMMERCE AND TRADE
CHAPTER 88--INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE
Sec. 6203. Jurisdiction of district courts of United States
(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) of this section 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) of this section 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) of 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.
(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.
(Pub. L. 103-438, Sec. 4, Nov. 2, 1994, 108 Stat. 4599.)
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.
Section Referred to in Other Sections
This section is referred to in sections 6204, 6207, 6210, 6211, 6212
of this title.
