PUBLIC LAW 103-438—NOV. 2, 1994 108 STAT. 4597 Public Law 103-438 103d Congress An Act To facilitate obtaining foreign-located antitrust evidence by authorizing the Attorney General of the United States and the Federal Trade Commission to provide, in accordance with antitrust mutual assistance agreements, antitrust evidence to foreign antitrust authorities on a reciprocal basis; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "International Antitrust Enforcement Assistance Act of 1994". SEC. 2. DISCLOSURE TO A FOREIGN ANTITRUST AUTHORITY OF ANTI- TRUST EVIDENCE. In accordance with an antitrust mutual assistance agreement in effect under this Act, subject to section 8, and except as provided in section 5, the Attorney General of the United States and the Federal Trade Commission may provide to a foreign antitrust authority with respect to which such agreement is in effect under this Act, antitrust evidence to assist the foreign antitrust authority- CD 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. SEC. 3. INVESTIGATIONS TO ASSIST A FOREIGN ANTITRUST AUTHOR- ITY IN OBTAINING ANTITRUST EVIDENCE. (a) REQUEST FOR INVESTIGATIVE ASSISTANCE.— ^A request by a foreign antitrust authority for investigative assistance under this section shall be made to the Attorney General, who may deny the request in whole or in part. No further action shall be taken under this section with respect to any part of a request that has been denied by the Attorney General. (b) AUTHORITY TO INVESTIGATE. —In accordance with an antitrust mutual assistance agreement in effect under this Act, subject to section 8, and except as provided in section 5, the Attorney General and the Commission may, using their respective authority to investigate possible violations of the Federal antitrust laws, conduct investigations to obtain antitrust evidence relating to a possible violation of the foreign antitrust laws administered or enforced by the foreign antitrust authority with respect to which such agreement is in effect under this Act, and may provide such antitrust evidence to the foreign antitrust authority, to assist the foreign antitrust authority— Nov. 2, 1994 [H.R. 4781] International Antitrust Enforcement Assistance Act of 1994. 15 USC 6201 note. 15 USC 6201. 15 USC 6202.
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