§ 6211. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6211]
TITLE 15--COMMERCE AND TRADE
CHAPTER 88--INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE
Sec. 6211. Definitions
For purposes of this chapter:
(1) The term ``antitrust evidence'' means information,
testimony, statements, documents, or other things that are obtained
in anticipation of, or during the course of, an investigation or
proceeding under any of the Federal antitrust laws or any of the
foreign antitrust laws.
(2) The term ``antitrust mutual assistance agreement'' means a
written agreement, or written memorandum of understanding, that is
entered into by the United States and a foreign state or regional
economic integration organization (with respect to the foreign
antitrust authorities of such foreign state or such organization,
and such other governmental entities of such foreign state or such
organization as the Attorney General and the Commission jointly
determine may be necessary in order to provide the assistance
described in subparagraph (A)), or jointly by the Attorney General
and the Commission and a foreign antitrust authority, for the
purpose of conducting investigations under section 6202 of this
title, applying for orders under section 6203 of this title, or
providing antitrust evidence, on a reciprocal basis and that
includes the following:
(A) An assurance that the foreign antitrust authority will
provide to the Attorney General and the Commission assistance
that is comparable in scope to the assistance the Attorney
General and the Commission provide under such agreement or such
memorandum.
(B) An assurance that the foreign antitrust authority is
subject to laws and procedures that are adequate to maintain
securely the confidentiality of antitrust evidence that may be
received under section 6201, 6202, or 6203 of this title and
will give protection to antitrust evidence received under such
section that is not less than the protection provided under the
laws of the United States to such antitrust evidence.
(C) Citations to and brief descriptions of the laws of the
United States, and the laws of the foreign state or regional
economic integration organization represented by the foreign
antitrust authority, that protect the confidentiality of
antitrust evidence that may be provided under such agreement or
such memorandum. Such citations and such descriptions shall
include the enforcement mechanisms and penalties applicable
under such laws and, with respect to a regional economic
integration organization, the applicability of such laws,
enforcement mechanisms, and penalties to the foreign states
composing such organization.
(D) Citations to the Federal antitrust laws, and the foreign
antitrust laws, with respect to which such agreement or such
memorandum applies.
(E) Terms and conditions that specifically require using,
disclosing, or permitting the use or disclosure of, antitrust
evidence received under such agreement or such memorandum only--
(i) for the purpose of administering or enforcing the
foreign antitrust laws involved, or
(ii) with respect to a specified disclosure or use
requested by a foreign antitrust authority and essential to
a significant law enforcement objective, in accordance with
the prior written consent that the Attorney General or the
Commission, as the case may be, gives after--
(I) determining that such antitrust evidence is not
otherwise readily available with respect to such
objective,
(II) making the determinations described in
paragraphs (2) and (3) of section 6207(a) of this title,
with respect to such disclosure or use, and
(III) making the determinations applicable to a
foreign antitrust authority under section 6207(a)(1) of
this title (other than the determination regarding the
assurance described in subparagraph (A) of this
paragraph), with respect to each additional governmental
entity, if any, to be provided such antitrust evidence
in the course of such disclosure or use, after having
received adequate written assurances applicable to each
such governmental entity.
(F) An assurance that antitrust evidence received under
section 6201, 6202, or 6203 of this title from the Attorney
General or the Commission, and all copies of such evidence, in
the possession or control of the foreign antitrust authority
will be returned to the Attorney General or the Commission,
respectively, at the conclusion of the foreign investigation or
proceeding with respect to which such evidence was so received.
(G) Terms and conditions that specifically provide that such
agreement or such memorandum will be terminated if--
(i) the confidentiality required under such agreement or
such memorandum is violated with respect to antitrust
evidence, and
(ii) adequate action is not taken both to minimize any
harm resulting from the violation and to ensure that the
confidentiality required under such agreement or such
memorandum is not violated again.
(H) Terms and conditions that specifically provide that if
the confidentiality required under such agreement or such
memorandum is violated with respect to antitrust evidence,
notice of the violation will be given--
(i) by the foreign antitrust authority promptly to the
Attorney General or the Commission with respect to antitrust
evidence provided by the Attorney General or the Commission,
respectively, and
(ii) by the Attorney General or the Commission to the
person (if any) that provided such evidence to the Attorney
General or the Commission.
(3) The term ``Attorney General'' means the Attorney General of
the United States.
(4) The term ``Commission'' means the Federal Trade Commission.
(5) The term ``Federal antitrust laws'' has the meaning given
the term ``antitrust laws'' in subsection (a) of section 12 of this
title but also includes section 45 of this title to the extent that
such section 45 applies to unfair methods of competition.
(6) The term ``foreign antitrust authority'' means a
governmental entity of a foreign state or of a regional economic
integration organization that is vested by such state or such
organization with authority to enforce the foreign antitrust laws of
such state or such organization.
(7) The term ``foreign antitrust laws'' means the laws of a
foreign state, or of a regional economic integration organization,
that are substantially similar to any of the Federal antitrust laws
and that prohibit conduct similar to conduct prohibited under the
Federal antitrust laws.
(8) The term ``person'' has the meaning given such term in
subsection (a) of section 12 of this title.
(9) The term ``regional economic integration organization''
means an organization that is constituted by, and composed of,
foreign states, and on which such foreign states have conferred
sovereign authority to make decisions that are binding on such
foreign states, and that are directly applicable to and binding on
persons within such foreign states, including the decisions with
respect to--
(A) administering or enforcing the foreign antitrust laws of
such organization, and
(B) prohibiting and regulating disclosure of information
that is obtained by such organization in the course of
administering or enforcing such laws.
(Pub. L. 103-438, Sec. 12, Nov. 2, 1994, 108 Stat. 4603.)
Section Referred to in Other Sections
This section is referred to in sections 46, 57b-1, 1311, 6207, 6208
of this title.
