Union Calendar No. 420

103D CONGRESS

2D SESSION H. R. 4781

[Report No. 103–722]

A BILL

To facilitate obtaining foreign-located antitrust eviand for other purposes. foreign antitrust authorities on a reciprocal basis; tual assistance agreements, antitrust evidence to sion to provide, in accordance with antitrust mu- United States and the Federal Trade Commis- dence by authorizing the Attorney General of the

OCTOBER 3, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 420

103D CONGRESS

2D SESSION H. R. 4781

[Report No. 103–772]

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.

IN THE HOUSE OF REPRESENTATIVES

JULY 19, 1994

Mr. BROOKS (for himself and Mr. FISH) introduced the following bill; which

was referred to the Committee on the Judiciary

OCTOBER 3, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 19, 1994]

A BILL

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘International Antitrust

5 Enforcement Assistance Act of 1994’’.

6 SEC. 2. DISCLOSURE TO A FOREIGN ANTITRUST AUTHOR7 ITY OF ANTITRUST EVIDENCE.

8 In accordance with an antitrust mutual assistance

9 agreement in effect under this Act, subject to section 8, and

10 except as provided in section 5, the Attorney General of the

11 United States and the Federal Trade Commission may pro12 vide to a foreign antitrust authority with respect to which

13 such agreement is in effect under this Act, antitrust evi14 dence to assist the foreign antitrust authority—

15 (1) in determining whether a person has violated

16 or is about to violate any of the foreign antitrust laws

17 administered or enforced by the foreign antitrust au18 thority, or

19 (2) in enforcing any of such foreign antitrust

20 laws.

21 SEC. 3. INVESTIGATIONS TO ASSIST A FOREIGN ANTITRUST

22 AUTHORITY IN OBTAINING ANTITRUST EVI23 DENCE.

24 (a) REQUEST FOR INVESTIGATIVE ASSISTANCE.—A re25 quest by a foreign antitrust authority for investigative as-
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1 sistance under this section shall be made to the Attorney

2 General, who may deny the request in whole or in part.

3 No further action shall be taken under this section with re4 spect to any part of a request that has been denied by the

5 Attorney General.

6 (b) AUTHORITY TO INVESTIGATE.—In accordance with

7 an antitrust mutual assistance agreement in effect under

8 this Act, subject to section 8, and except as provided in sec9 tion 5, the Attorney General and the Commission may,

10 using their respective authority to investigate possible viola11 tions of the Federal antitrust laws, conduct investigations

12 to obtain antitrust evidence relating to a possible violation

13 of the foreign antitrust laws administered or enforced by

14 the foreign antitrust authority with respect to which such

15 agreement is in effect under this Act, and may provide such

16 antitrust evidence to the foreign antitrust authority, to as17 sist the foreign antitrust authority—

18 (1) in determining whether a person has violated

19 or is about to violate any of such foreign antitrust

20 laws, or

21 (2) in enforcing any of such foreign antitrust

22 laws.

23 (c) SPECIAL SCOPE OF AUTHORITY.—An investigation

24 may be conducted under subsection (b), and antitrust evi25 dence obtained through such investigation may be provided,
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1 without regard to whether the conduct investigated violates

2 any of the Federal antitrust laws.

3 (d) RIGHTS AND PRIVILEGES PRESERVED.—A person

4 may not be compelled in connection with an investigation

5 under this section to give testimony or a statement, or to

6 produce a document or other thing, in violation of any le7 gally applicable right or privilege.

8 (e) CONFORMING AMENDMENTS.—

9 (1) ANTITRUST CIVIL PROCESS ACT.—The Anti10 trust Civil Process Act (15 U.S.C. 1311 et seq.) is

11 amended—

12 (A) in section 2—

13 (i) in subsection (d)—

14 (I) by striking ‘‘or any’’ and in15 serting ‘‘, any’’, and

16 (II) by inserting before the semi17 colon ‘‘or, with respect to the Inter18 national Antitrust Enforcement Assist19 ance Act of 1994, any of the foreign

20 antitrust laws’’, and

21 (ii) by adding at the end the following:

22 ‘‘(k) The term ‘foreign antitrust laws’ has the

23 meaning given such term in section 12 of the Inter24 national Antitrust Enforcement Assistance Act of

25 1994.’’, and
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1 (B) in the first sentence of section 3(a)—

2 (i) by inserting ‘‘or, with respect to the

3 International Antitrust Enforcement Assist4 ance Act of 1994, an investigation author5 ized by section 3 of such Act’’ after ‘‘inves6 tigation’’, and

7 (ii) by inserting ‘‘by the United

8 States’’ after ‘‘proceeding’’.

9 (2) FEDERAL TRADE COMMISSION ACT.—The

10 Federal Trade Commission Act (15 U.S.C. 41 et seq.)

11 is amended—

12 (A) in section 6 by inserting after sub13 section (h) the following:

14 ‘‘(i) With respect to the International Antitrust En15 forcement Assistance Act of 1994, to conduct investigations

16 of possible violations of foreign antitrust laws (as defined

17 in section 12 of such Act).’’;

18 (B) in section 20(a) by amending para19 graph (8) to read as follows:

20 ‘‘(8) The term ‘antitrust violation’ means—

21 ‘‘(A) any unfair method of competition

22 (within the meaning of section 5(a)(1));

23 ‘‘(B) any violation of the Clayton Act or of

24 any other Federal statute that prohibits, or

25 makes available to the Commission a civil rem-
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1 edy with respect to, any restraint upon or mo2 nopolization of interstate or foreign trade or

3 commerce;

4 ‘‘(C) with respect to the International Anti5 trust Enforcement Assistance Act of 1994, any

6 violation of any of the foreign antitrust laws (as

7 defined in section 12 of such Act) with respect to

8 which a request is made under section 3 of such

9 Act; or

10 ‘‘(D) any activity in preparation for a

11 merger, acquisition, joint venture, or similar

12 transaction, which if consummated, may result

13 in any such unfair method of competition or in

14 any such violation.’’.

15 SEC. 4. JURISDICTION OF THE DISTRICT COURTS OF THE

16 UNITED STATES.

17 (a) AUTHORITY OF THE DISTRICT COURTS.—On the

18 application of the Attorney General made in accordance

19 with an antitrust mutual assistance agreement in effect

20 under this Act, the United States district court for the dis21 trict in which a person resides, is found, or transacts busi22 ness may order such person to give testimony or a state23 ment, or to produce a document or other thing, to the Attor24 ney General to assist a foreign antitrust authority with re25 spect to which such agreement is in effect under this Act—
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1 (1) in determining whether a person has violated

2 or is about to violate any of the foreign antitrust laws

3 administered or enforced by the foreign antitrust au4 thority, or

5 (2) in enforcing any of such foreign antitrust

6 laws.

7 (b) CONTENTS OF ORDER.—

8 (1) USE OF APPOINTEE TO RECEIVE EVI9 DENCE.—(A) An order issued under subsection (a)

10 may direct that testimony or a statement be given, or

11 a document or other thing be produced, to a person

12 who shall be recommended by the Attorney General

13 and appointed by the court.

14 (B) A person appointed under subparagraph (A)

15 shall have power to administer any necessary oath

16 and to take such testimony or such statement.

17 (2) PRACTICE AND PROCEDURE.—(A) An order

18 issued under subsection (a) may prescribe the practice

19 and procedure for taking testimony and statements

20 and for producing documents and other things.

21 (B) Such practice and procedure may be in

22 whole or in part the practice and procedure of the for23 eign state, or the regional economic integration orga24 nization, represented by the foreign antitrust author-
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1 ity with respect to which the Attorney General re2 quests such order.

3 (C) To the extent such order does not prescribe

4 otherwise, any testimony and statements required to

5 be taken shall be taken, and any documents and other

6 things required to be produced shall be produced, in

7 accordance with the Federal Rules of Civil Procedure.

8 (c) RIGHTS AND PRIVILEGES PRESERVED.—A person

9 may not be compelled under an order issued under sub10 section (a) to give testimony or a statement, or to produce

11 a document or other thing, in violation of any legally appli12 cable right or privilege.

13 (d) VOLUNTARY CONDUCT.—This section does not pre14 clude a person in the United States from voluntarily giving

15 testimony or a statement, or producing a document or other

16 thing, in any manner acceptable to such person for use in

17 an investigation by a foreign antitrust authority.

18 SEC. 5. LIMITATIONS ON AUTHORITY.

19 Sections 2, 3, and 4 shall not apply with respect to

20 the following antitrust evidence:

21 (1) Antitrust evidence that is received by the At22 torney General or the Commission under section 7A

23 of the Clayton Act (15 U.S.C. 18a), as added by title

24 II of the Hart-Scott-Rodino Antitrust Improvements

25 Act of 1976. Nothing in this paragraph shall affect
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1 the ability of the Attorney General or the Commission

2 to disclose to a foreign antitrust authority antitrust

3 evidence that is obtained otherwise than under such

4 section 7A.

5 (2) Antitrust evidence that is matter occurring

6 before a grand jury and with respect to which disclo7 sure is prevented by Federal law, except that for the

8 purpose of applying Rule 6(e)(3)(C)(iv) of the Federal

9 Rules of Criminal Procedure with respect to this sec10 tion—

11 (A) a foreign antitrust authority with re12 spect to which a particularized need for such

13 antitrust evidence is shown shall be considered to

14 be an appropriate official of any of the several

15 States, and

16 (B) a foreign antitrust law administered or

17 enforced by the foreign antitrust authority shall

18 be considered to be a State criminal law.

19 (3) Antitrust evidence that is specifically author20 ized under criteria established by Executive Order

21 12356, or any successor to such order, to be kept se22 cret in the interest of national defense or foreign pol23 icy, and—

24 (A) that is classified pursuant to such order

25 or such successor, or
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1 (B) with respect to which a determination

2 of classification is pending under such order or

3 such successor.

4 (4) Antitrust evidence that is classified under

5 section 142 of the Atomic Energy Act of 1954 (42

6 U.S.C. 2162).

7 SEC. 6. EXCEPTION TO CERTAIN DISCLOSURE RESTRIC8 TIONS.

9 Section 4 of the Antitrust Civil Process Act (15 U.S.C.

10 1313), and sections 6(f) and 21 of the Federal Trade Com11 mission Act (15 U.S.C. 46, 57b–2), shall not apply to pre12 vent the Attorney General or the Commission from provid13 ing to a foreign antitrust authority antitrust evidence in

14 accordance with an antitrust mutual assistance agreement

15 in effect under this Act and in accordance with the other

16 requirements of this Act.

17 SEC. 7. PUBLICATION REQUIREMENTS APPLICABLE TO

18 ANTITRUST MUTUAL ASSISTANCE AGREE19 MENTS.

20 (a) PUBLICATION OF PROPOSED ANTITRUST MUTUAL

21 ASSISTANCE AGREEMENTS.—Not less than 45 days before

22 an antitrust mutual assistance agreement is entered into,

23 the Attorney General, with the concurrence of the Commis24 sion, shall publish in the Federal Register—
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1 (1) the proposed text of such agreement and any

2 modification to such proposed text, and

3 (2) a request for public comment with respect to

4 such text or such modification, as the case may be.

5 (b) PUBLICATION OF PROPOSED AMENDMENTS TO

6 ANTITRUST MUTUAL ASSISTANCE AGREEMENTS IN EF7 FECT.—Not less than 45 days before an agreement is entered

8 into that makes an amendment to an antitrust mutual as9 sistance agreement, the Attorney General, with the concur10 rence of the Commission, shall publish in the Federal Reg11 ister—

12 (1) the proposed text of such amendment, and

13 (2) a request for public comment with respect to

14 such amendment.

15 (c) PUBLICATION OF ANTITRUST MUTUAL ASSISTANCE

16 AGREEMENTS, AMENDMENTS, AND TERMINATIONS.—Not

17 later than 45 days after an antitrust mutual assistance

18 agreement is entered into or terminated, or an agreement

19 that makes an amendment to an antitrust mutual assist20 ance agreement is entered into, the Attorney General, with

21 the concurrence of the Commission, shall publish in the Fed22 eral Register—

23 (1) the text of the antitrust mutual assistance

24 agreement or amendment, or the terms of the termi25 nation, as the case may be, and
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1 (2) in the case of an agreement that makes an

2 amendment to an antitrust mutual assistance agree3 ment, a notice containing—

4 (A) citations to the locations in the Federal

5 Register at which the text of the antitrust mu6 tual assistance agreement that is so amended,

7 and of any previous amendments to such agree8 ment, are published, and

9 (B) a description of the manner in which a

10 copy of the antitrust mutual assistance agree11 ment, as so amended, may be obtained from the

12 Attorney General and the Commission.

13 (d) CONDITION FOR VALIDITY.—An antitrust mutual

14 assistance agreement, or an agreement that makes an

15 amendment to an antitrust mutual assistance agreement,

16 with respect to which publication does not occur in accord17 ance with subsections (a), (b), and (c) shall not be consid18 ered to be in effect under this Act.

19 SEC. 8. CONDITIONS ON USE OF ANTITRUST MUTUAL AS20 SISTANCE AGREEMENTS.

21 (a) DETERMINATIONS.—Neither the Attorney General

22 nor the Commission may conduct an investigation under

23 section 3, apply for an order under section 4, or provide

24 antitrust evidence to a foreign antitrust authority under

25 an antitrust mutual assistance agreement, unless the Attor-
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1 ney General or the Commission, as the case may be, deter2 mines in the particular instance in which the investigation,

3 application, or antitrust evidence is requested that—

4 (1) the foreign antitrust authority—

5 (A) will satisfy the assurances, terms, and

6 conditions described in subparagraphs (A), (B),

7 and (E) of section 12(2), and

8 (B) is capable of complying with and will

9 comply with the confidentiality requirements ap10 plicable under such agreement to the requested

11 antitrust evidence,

12 (2) providing the requested antitrust evidence

13 will not violate section 5, and

14 (3) conducting such investigation, applying for

15 such order, or providing the requested antitrust evi16 dence, as the case may be, is consistent with the pub17 lic interest of the United States, taking into consider18 ation, among other factors, whether the foreign state

19 or regional economic integration organization rep20 resented by the foreign antitrust authority holds any

21 proprietary interest that could benefit or otherwise be

22 affected by such investigation, by the granting of such

23 order, or by the provision of such antitrust evidence.

24 (b) LIMITATION ON DISCLOSURE OF CERTAIN ANTI25 TRUST EVIDENCE.—Neither the Attorney General nor the
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1 Commission may disclose in violation of an antitrust mu2 tual assistance agreement any antitrust evidence received

3 under such agreement, except that such agreement may not

4 prevent the disclosure of such antitrust evidence to a defend5 ant in an action or proceeding brought by the Attorney

6 General or the Commission for a violation of any of the

7 Federal laws if such disclosure would otherwise be required

8 by Federal law.

9 (c) REQUIRED DISCLOSURE OF NOTICE RECEIVED.—

10 If the Attorney General or the Commission receives a notice

11 described in section 12(2)(H), the Attorney General or the

12 Commission, as the case may be, shall transmit such notice

13 to the person that provided the evidence with respect to

14 which such notice is received.

15 SEC. 9. LIMITATIONS ON JUDICIAL REVIEW.

16 (a) DETERMINATIONS.—Determinations made under

17 paragraphs (1) and (3) of section 8(a) shall not be subject

18 to judicial review.

19 (b) CITATIONS TO AND DESCRIPTIONS OF CONFIDEN20 TIALITY LAWS.—Whether an antitrust mutual assistance

21 agreement satisfies section 12(2)(C) shall not be subject to

22 judicial review.

23 (c) RULES OF CONSTRUCTION.—

24 (1) ADMINISTRATIVE PROCEDURE ACT.—The re25 quirements in section 7 with respect to publication
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1 and request for public comment shall not be construed

2 to create any availability of judicial review under

3 chapter 7 of title 5 of the United States Code.

4 (2) LAWS REFERENCED IN SECTION 5.—Nothing

5 in this section shall be construed to affect the avail6 ability of judicial review under laws referred to in

7 section 5.

8 SEC. 10. PRESERVATION OF EXISTING AUTHORITY.

9 (a) IN GENERAL.—The authority provided by this Act

10 is in addition to, and not in lieu of, any other authority

11 vested in the Attorney General, the Commission, or any

12 other officer of the United States.

13 (b) ATTORNEY GENERAL AND COMMISSION.—This Act

14 shall not be construed to modify or affect the allocation of

15 responsibility between the Attorney General and the Com16 mission for the enforcement of the Federal antitrust laws.

17 SEC. 11. REPORT TO THE CONGRESS.

18 In the 30-day period beginning 3 years after the date

19 of the enactment of this Act and with the concurrence of

20 the Commission, the Attorney General shall submit, to the

21 Speaker of the House of Representatives and the President

22 pro tempore of the Senate, a report—

23 (1) describing how the operation of this Act has

24 affected the enforcement of the Federal antitrust laws,
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1 (2) describing the extent to which foreign anti2 trust authorities have complied with the confidential3 ity requirements applicable under antitrust mutual

4 assistance agreements in effect under this Act,

5 (3) specifying separately the identities of the for6 eign states, regional economic integration organiza7 tions, and foreign antitrust authorities that have en8 tered into such agreements and the identities of the

9 foreign antitrust authorities with respect to which

10 such foreign states and such organizations have en11 tered into such agreements,

12 (4) specifying the identity of each foreign state,

13 and each regional economic integration organization,

14 that has in effect a law similar to this Act,

15 (5) giving the approximate number of requests

16 made by the Attorney General and the Commission

17 under such agreements to foreign antitrust authorities

18 for antitrust investigations and for antitrust evidence,

19 (6) giving the approximate number of requests

20 made by foreign antitrust authorities under such

21 agreements to the Attorney General and the Commis22 sion for investigations under section 3, for orders

23 under section 4, and for antitrust evidence, and
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1 (7) describing any significant problems or con2 cerns of which the Attorney General is aware with re3 spect to the operation of this Act.

4 SEC. 12. DEFINITIONS.

5 For purposes of this Act:

6 (1) The term ‘‘antitrust evidence’’ means infor7 mation, testimony, statements, documents, or other

8 things that are obtained in anticipation of, or during

9 the course of, an investigation or proceeding under

10 any of the Federal antitrust laws or any of the for11 eign antitrust laws.

12 (2) The term ‘‘antitrust mutual assistance agree13 ment’’ means a written agreement, or written memo14 randum of understanding, that is entered into by the

15 United States and a foreign state or regional eco16 nomic integration organization (with respect to the

17 foreign antitrust authorities of such foreign state or

18 such organization, and such other governmental enti19 ties of such foreign state or such organization as the

20 Attorney General and the Commission jointly deter21 mine may be necessary in order to provide the assist22 ance described in subparagraph (A)), or jointly by the

23 Attorney General and the Commission and a foreign

24 antitrust authority, for the purpose of conducting in25 vestigations under section 3, applying for orders
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1 under section 4, or providing antitrust evidence, on

2 a reciprocal basis and that includes the following:

3 (A) An assurance that the foreign antitrust

4 authority will provide to the Attorney General

5 and the Commission assistance that is com6 parable in scope to the assistance the Attorney

7 General and the Commission provide under such

8 agreement or such memorandum.

9 (B) An assurance that the foreign antitrust

10 authority is subject to laws and procedures that

11 are adequate to maintain securely the confiden12 tiality of antitrust evidence that may be received

13 under section 2, 3, or 4 and will give protection

14 to antitrust evidence received under such section

15 that is not less than the protection provided

16 under the laws of the United States to such anti17 trust evidence.

18 (C) Citations to and brief descriptions of

19 the laws of the United States, and the laws of the

20 foreign state or regional economic integration or21 ganization represented by the foreign antitrust

22 authority, that protect the confidentiality of

23 antitrust evidence that may be provided under

24 such agreement or such memorandum. Such cita25 tions and such descriptions shall include the en-
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1 forcement mechanisms and penalties applicable

2 under such laws and, with respect to a regional

3 economic integration organization, the applica4 bility of such laws, enforcement mechanisms, and

5 penalties to the foreign states composing such or6 ganization.

7 (D) Citations to the Federal antitrust laws,

8 and the foreign antitrust laws, with respect to

9 which such agreement or such memorandum ap10 plies.

11 (E) Terms and conditions that specifically

12 require using, disclosing, or permitting the use

13 or disclosure of, antitrust evidence received under

14 such agreement or such memorandum only—

15 (i) for the purpose of administering or

16 enforcing the foreign antitrust laws in17 volved, or

18 (ii) with respect to a specified disclo19 sure or use requested by a foreign antitrust

20 authority and essential to a significant law

21 enforcement objective, in accordance with

22 the prior written consent that the Attorney

23 General or the Commission, as the case may

24 be, gives after—
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1 (I) determining that such anti2 trust evidence is not otherwise readily

3 available with respect to such objective,

4 (II) making the determinations

5 described in paragraphs (2) and (3) of

6 section 8(a), with respect to such dis7 closure or use, and

8 (III) making the determinations

9 applicable to a foreign antitrust au10 thority under section 8(a)(1) (other

11 than the determination regarding the

12 assurance described in subparagraph

13 (A) of this paragraph), with respect to

14 each additional governmental entity, if

15 any, to be provided such antitrust evi16 dence in the course of such disclosure

17 or use, after having received adequate

18 written assurances applicable to each

19 such governmental entity.

20 (F) An assurance that antitrust evidence re21 ceived under section 2, 3, or 4 from the Attorney

22 General or the Commission, and all copies of

23 such evidence, in the possession or control of the

24 foreign antitrust authority will be returned to

25 the Attorney General or the Commission, respec-
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1 tively, at the conclusion of the foreign investiga2 tion or proceeding with respect to which such

3 evidence was so received.

4 (G) Terms and conditions that specifically

5 provide that such agreement or such memoran6 dum will be terminated if—

7 (i) the confidentiality required under

8 such agreement or such memorandum is

9 violated with respect to antitrust evidence,

10 and

11 (ii) adequate action is not taken both

12 to minimize any harm resulting from the

13 violation and to ensure that the confiden14 tiality required under such agreement or

15 such memorandum is not violated again.

16 (H) Terms and conditions that specifically

17 provide that if the confidentiality required under

18 such agreement or such memorandum is violated

19 with respect to antitrust evidence, notice of the

20 violation will be given—

21 (i) by the foreign antitrust authority

22 promptly to the Attorney General or the

23 Commission with respect to antitrust evi24 dence provided by the Attorney General or

25 the Commission, respectively, and
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1 (ii) by the Attorney General or the

2 Commission to the person (if any) that pro3 vided such evidence to the Attorney General

4 or the Commission.

5 (3) The term ‘‘Attorney General’’ means the At6 torney General of the United States.

7 (4) The term ‘‘Commission’’ means the Federal

8 Trade Commission.

9 (5) The term ‘‘Federal antitrust laws’’ has the

10 meaning given the term ‘‘antitrust laws’’ in sub11 section (a) of the first section of the Clayton Act (15

12 U.S.C. 12(a)) but also includes section 5 of the Fed13 eral Trade Commission Act (15 U.S.C. 45) to the ex14 tent that such section 5 applies to unfair methods of

15 competition.

16 (6) The term ‘‘foreign antitrust authority’’

17 means a governmental entity of a foreign state or of

18 a regional economic integration organization that is

19 vested by such state or such organization with author20 ity to enforce the foreign antitrust laws of such state

21 or such organization.

22 (7) The term ‘‘foreign antitrust laws’’ means the

23 laws of a foreign state, or of a regional economic inte24 gration organization, that are substantially similar to

25 any of the Federal antitrust laws and that prohibit
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1 conduct similar to conduct prohibited under the Fed2 eral antitrust laws.

3 (8) The term ‘‘person’’ has the meaning given

4 such term in subsection (a) of the first section of the

5 Clayton Act (15 U.S.C. 12(a)).

6 (9) The term ‘‘regional economic integration or7 ganization’’ means an organization that is con8 stituted by, and composed of, foreign states, and on

9 which such foreign states have conferred sovereign au10 thority to make decisions that are binding on such

11 foreign states, and that are directly applicable to and

12 binding on persons within such foreign states, includ13 ing the decisions with respect to—

14 (A) administering or enforcing the foreign

15 antitrust laws of such organization, and

16 (B) prohibiting and regulating disclosure of

17 information that is obtained by such organiza18 tion in the course of administering or enforcing

19 such laws.

20 SEC. 13. AUTHORITY TO RECEIVE REIMBURSEMENT.

21 The Attorney General and the Commission are author22 ized to receive from a foreign antitrust authority, or from

23 the foreign state or regional economic integration organiza24 tion represented by such foreign antitrust authority, reim25 bursement for the costs incurred by the Attorney General
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1 or the Commission, respectively, in conducting an inves2 tigation under section 3 requested by such foreign antitrust

3 authority, applying for an order under section 4 to assist

4 such foreign antitrust authority, or providing antitrust evi5 dence to such foreign antitrust authority under an antitrust

6 mutual assistance agreement in effect under this Act with

7 respect to such foreign antitrust authority.

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