§ 6207. — Conditions on use of antitrust mutual assistance agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6207]
TITLE 15--COMMERCE AND TRADE
CHAPTER 88--INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE
Sec. 6207. Conditions on use of antitrust mutual assistance
agreements
(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.
(Pub. L. 103-438, Sec. 8, Nov. 2, 1994, 108 Stat. 4601.)
Section Referred to in Other Sections
This section is referred to in sections 6201, 6202, 6208, 6211 of
this title.
