103D CONGRESS

2D SESSION S. 2297

AN ACT

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
103D CONGRESS

2D SESSION S. 2297

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.

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’’.
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1 SEC. 2. DISCLOSURE TO A FOREIGN ANTITRUST AUTHOR2 ITY OF ANTITRUST EVIDENCE.

3 In accordance with an antitrust mutual assistance

4 agreement in effect under this Act, subject to section 8,

5 and except as provided in section 5, the Attorney General

6 of the United States and the Federal Trade Commission

7 may provide to a foreign antitrust authority with respect

8 to which such agreement is in effect under this Act, anti9 trust evidence to assist the foreign antitrust authority—

10 (1) in determining whether a person has vio11 lated or is about to violate any of the foreign anti12 trust laws administered or enforced by the foreign

13 antitrust authority, or

14 (2) in enforcing any of such foreign antitrust

15 laws.

16 SEC. 3. INVESTIGATIONS TO ASSIST A FOREIGN ANTITRUST

17 AUTHORITY IN OBTAINING ANTITRUST EVI18 DENCE.

19 (a) REQUEST FOR INVESTIGATIVE ASSISTANCE.—A

20 request by a foreign antitrust authority for investigative

21 assistance under this section shall be made to the Attorney

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

23 No further action shall be taken under this section with

24 respect to any part of a request that has been denied by

25 the Attorney General.
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1 (b) AUTHORITY TO INVESTIGATE.—In accordance

2 with an antitrust mutual assistance agreement in effect

3 under this Act, subject to section 8, and except as provided

4 in section 5, the Attorney General and the Commission

5 may, using their respective authority to investigate pos6 sible violations of the Federal antitrust laws, conduct in7 vestigations to obtain antitrust evidence relating to a pos8 sible violation of the foreign antitrust laws administered

9 or enforced by the foreign antitrust authority with respect

10 to which such agreement is in effect under this Act, and

11 may provide such antitrust evidence to the foreign anti12 trust authority, to assist the foreign antitrust authority—

13 (1) in determining whether a person has vio14 lated or is about to violate any of such foreign anti15 trust laws, or

16 (2) in enforcing any of such foreign antitrust

17 laws.

18 (c) SPECIAL SCOPE OF AUTHORITY.—An investiga19 tion may be conducted under subsection (b), and antitrust

20 evidence obtained through such investigation may be pro21 vided, without regard to whether the conduct investigated

22 violates any of the Federal antitrust laws.

23 (d) RIGHTS AND PRIVILEGES PRESERVED.—A per24 son may not be compelled in connection with an investiga25 tion under this section to give testimony or a statement,
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1 or to produce a document or other thing, in violation of

2 any legally applicable right or privilege.

3 (e) CONFORMING AMENDMENTS.—

4 (1) ANTITRUST CIVIL PROCESS ACT.—The Anti5 trust Civil Process Act (15 U.S.C. 1311 et seq.) is

6 amended—

7 (A) in section 2—

8 (i) in subsection (d)—

9 (I) by striking ‘‘or any’’ and in10 serting ‘‘, any’’, and

11 (II) by inserting before the semi12 colon ‘‘or, with respect to the Inter13 national Antitrust Enforcement As14 sistance Act of 1994, any of the for15 eign antitrust laws’’, and

16 (ii) by adding at the end the follow17 ing:

18 ‘‘(k) The term ‘foreign antitrust laws’ has the mean19 ing given such term in section 12 of the International

20 Antitrust Enforcement Assistance Act of 1994.’’, and

21 (B) in the first sentence of section 3(a)—

22 (i) by inserting ‘‘or, with respect to

23 the International Antitrust Enforcement

24 Assistance Act of 1994, an investigation
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1 authorized by section 3 of such Act’’ after

2 ‘‘investigation’’, and

3 (ii) by inserting ‘‘by the United

4 States’’ after ‘‘proceeding’’.

5 (2) FEDERAL TRADE COMMISSION ACT.—The

6 Federal Trade Commission Act (15 U.S.C. 41 et

7 seq.) is amended—

8 (A) in section 6 by inserting after sub9 section (h) the following:

10 ‘‘(i) With respect to the International Antitrust En11 forcement Assistance Act of 1994, to conduct investiga12 tions of possible violations of foreign antitrust laws (as

13 defined in section 12 of such Act).’’;

14 (B) in section 20(a) by amending para15 graph (8) to read as follows:

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

17 ‘‘(A) any unfair method of competition

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

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

20 any other Federal statute that prohibits, or

21 makes available to the Commission a civil rem22 edy with respect to, any restraint upon or mo23 nopolization of interstate or foreign trade or

24 commerce;
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1 ‘‘(C) with respect to the International

2 Antitrust Enforcement Assistance Act of 1994,

3 any violation of any of the foreign antitrust

4 laws (as defined in section 12 of such Act) with

5 respect to which a request is made under sec6 tion 3 of such Act; or

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

8 merger, acquisition, joint venture, or similar

9 transaction, which if consummated, may result

10 in any such unfair method of competition or in

11 any such violation.’’.

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

13 UNITED STATES.

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

15 application of the Attorney General made in accordance

16 with an antitrust mutual assistance agreement in effect

17 under this Act, the United States district court for the

18 district in which a person resides, is found, or transacts

19 business may order such person to give testimony or a

20 statement, or to produce a document or other thing, to

21 the Attorney General to assist a foreign antitrust author22 ity with respect to which such agreement is in effect under

23 this Act—

24 (1) in determining whether a person has vio25 lated or is about to violate any of the foreign anti-
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1 trust laws administered or enforced by the foreign

2 antitrust authority, or

3 (2) in enforcing any of such foreign antitrust

4 laws.

5 (b) CONTENTS OF ORDER.—

6 (1) USE OF APPOINTEE TO RECEIVE EVI7 DENCE.—(A) An order issued under subsection (a)

8 may direct that testimony or a statement be given,

9 or a document or other thing be produced, to a per10 son who shall be recommended by the Attorney Gen11 eral and appointed by the court.

12 (B) A person appointed under subparagraph

13 (A) shall have power to administer any necessary

14 oath and to take such testimony or such statement.

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

16 issued under subsection (a) may prescribe the prac17 tice and procedure for taking testimony and state18 ments and for producing documents and other

19 things.

20 (B) Such practice and procedure may be in

21 whole or in part the practice and procedure of the

22 foreign state, or the regional economic integration

23 organization, represented by the foreign antitrust

24 authority with respect to which the Attorney General

25 requests such order.
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1 (C) To the extent such order does not prescribe

2 otherwise, any testimony and statements required to

3 be taken shall be taken, and any documents and

4 other things required to be produced shall be pro5 duced, in accordance with the Federal Rules of Civil

6 Procedure.

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

8 may not be compelled under an order issued under sub9 section (a) to give testimony or a statement, or to produce

10 a document or other thing, in violation of any legally appli11 cable right or privilege.

12 (d) VOLUNTARY CONDUCT.—This section does not

13 preclude a person in the United States from voluntarily

14 giving testimony or a statement, or producing a document

15 or other thing, in any manner acceptable to such person

16 for use in an investigation by a foreign antitrust authority.

17 SEC. 5. LIMITATIONS ON AUTHORITY.

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

19 the following antitrust evidence:

20 (1) Antitrust evidence that is received by the

21 Attorney General or the Commission under section

22 7A of the Clayton Act (15 U.S.C. 18a), as added by

23 title II of the Hart-Scott-Rodino Antitrust Improve24 ments Act of 1976. Nothing in this paragraph shall

25 affect the ability of the Attorney General or the
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1 Commission to disclose to a foreign antitrust author2 ity antitrust evidence that is obtained otherwise than

3 under such section 7A.

4 (2) Antitrust evidence that is matter occurring

5 before a grand jury and with respect to which disclo6 sure is prevented by Federal law, except that for the

7 purpose of applying Rule 6(e)(3)(C)(iv) of the Fed8 eral Rules of Criminal Procedure with respect to this

9 section—

10 (A) a foreign antitrust authority with re11 spect to which a particularized need for such

12 antitrust evidence is shown shall be considered

13 to be an appropriate official of any of the sev14 eral States, and

15 (B) a foreign antitrust law administered or

16 enforced by the foreign antitrust authority shall

17 be considered to be a State criminal law.

18 (3) Antitrust evidence that is specifically au19 thorized under criteria established by Executive

20 Order 12356, or any successor to such order, to be

21 kept secret in the interest of national defense or for22 eign policy, and—

23 (A) that is classified pursuant to such

24 order 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

10 U.S.C. 1313), and sections 6(f) and 21 of the Federal

11 Trade Commission Act (15 U.S.C. 46, 57b–2), shall not

12 apply to prevent the Attorney General or the Commission

13 from providing to a foreign antitrust authority antitrust

14 evidence in accordance with an antitrust mutual assistance

15 agreement in effect under this Act and in accordance with

16 the other requirements of this Act.

17 SEC. 7. PUBLICATION REQUIREMENTS APPLICABLE TO

18 ANTITRUST MUTUAL ASSISTANCE AGREE19 MENTS.

20 (a) PUBLICATION OF PROPOSED ANTITRUST MU21 TUAL ASSISTANCE AGREEMENTS.—Not less than 45 days

22 before an antitrust mutual assistance agreement is en23 tered into, the Attorney General, with the concurrence of

24 the Commission, shall publish in the Federal Register—
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1 (1) the proposed text of such agreement and

2 any modification to such proposed text, and

3 (2) a request for public comment with respect

4 to such text or such modification, as the case may

5 be.

6 (b) PUBLICATION OF PROPOSED AMENDMENTS TO

7 ANTITRUST MUTUAL ASSISTANCE AGREEMENTS IN EF8 FECT.—Not less than 45 days before an agreement is en9 tered into that makes an amendment to an antitrust mu10 tual assistance agreement, the Attorney General, with the

11 concurrence of the Commission, shall publish in the Fed12 eral Register—

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

14 (2) a request for public comment with respect

15 to such amendment.

16 (c) PUBLICATION OF ANTITRUST MUTUAL ASSIST17 ANCE AGREEMENTS, AMENDMENTS, AND TERMI18 NATIONS.—Not later than 45 days after an antitrust mu19 tual assistance agreement is entered into or terminated,

20 or an agreement that makes an amendment to an anti21 trust mutual assistance agreement is entered into, the At22 torney General, with the concurrence of the Commission,

23 shall publish in the Federal Register—
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1 (1) the text of the antitrust mutual assistance

2 agreement or amendment, or the terms of the termi3 nation, as the case may be, and

4 (2) in the case of an agreement that makes an

5 amendment to an antitrust mutual assistance agree6 ment, a notice containing—

7 (A) citations to the locations in the Fed8 eral Register at which the text of the antitrust

9 mutual assistance agreement that is so amend10 ed, and of any previous amendments to such

11 agreement, are published, and

12 (B) a description of the manner in which

13 a copy of the antitrust mutual assistance agree14 ment, as so amended, may be obtained from the

15 Attorney General and the Commission.

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

17 assistance agreement, or an agreement that makes an

18 amendment to an antitrust mutual assistance agreement,

19 with respect to which publication does not occur in accord20 ance with subsections (a), (b), and (c) shall not be consid21 ered to be in effect under this Act.

22 SEC. 8. CONDITIONS ON USE OF ANTITRUST MUTUAL AS23 SISTANCE AGREEMENTS.

24 (a) DETERMINATIONS.—Neither the Attorney Gen25 eral nor the Commission may conduct an investigation
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1 under section 3, apply for an order under section 4, or

2 provide antitrust evidence to a foreign antitrust authority

3 under an antitrust mutual assistance agreement, unless

4 the Attorney General or the Commission, as the case may

5 be, determines in the particular instance in which the in6 vestigation, application, or antitrust evidence is requested

7 that—

8 (1) the foreign antitrust authority—

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

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

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

12 (B) is capable of complying with and will

13 comply with the confidentiality requirements

14 applicable under such agreement to the re15 quested antitrust evidence,

16 (2) providing the requested antitrust evidence

17 will not violate section 5, and

18 (3) conducting such investigation, applying for

19 such order, or providing the requested antitrust evi20 dence, as the case may be, is consistent with the

21 public interest of the United States, taking into con22 sideration, among other factors, whether the foreign

23 state or regional economic integration organization

24 represented by the foreign antitrust authority holds

25 any proprietary interest that could benefit or other-
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1 wise be affected by such investigation, by the grant2 ing of such order, or by the provision of such anti3 trust evidence.

4 (b) LIMITATION ON DISCLOSURE OF CERTAIN ANTI5 TRUST EVIDENCE.—Neither the Attorney General nor the

6 Commission may disclose in violation of an antitrust mu7 tual assistance agreement any antitrust evidence received

8 under such agreement, except that such agreement may

9 not prevent the disclosure of such antitrust evidence to

10 a defendant in an action or proceeding brought by the At11 torney General or the Commission for a violation of any

12 of the Federal laws if such disclosure would otherwise be

13 required by Federal law.

14 (c) REQUIRED DISCLOSURE OF NOTICE RE15 CEIVED.—If the Attorney General or the Commission re16 ceives a notice described in section 12(2)(H), the Attorney

17 General or the Commission, as the case may be, shall

18 transmit such notice to the person that provided the evi19 dence with respect to which such notice is received.

20 SEC. 9. LIMITATIONS ON JUDICIAL REVIEW.

21 (a) DETERMINATIONS.—Determinations made under

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

23 to judicial review.

24 (b) CITATIONS TO AND DESCRIPTIONS OF CON25 FIDENTIALITY LAWS.—Whether an antitrust mutual as-
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1 sistance agreement satisfies section 12(2)(C) shall not be

2 subject to judicial review.

3 (c) RULES OF CONSTRUCTION.—

4 (1) ADMINISTRATIVE PROCEDURE ACT.—The

5 requirements in section 7 with respect to publication

6 and request for public comment shall not be con7 strued to create any availability of judicial review

8 under chapter 7 of title 5 of the United States Code.

9 (2) LAWS REFERENCED IN SECTION 5.—Noth10 ing in this section shall be construed to affect the

11 availability of judicial review under laws referred to

12 in section 5.

13 SEC. 10. PRESERVATION OF EXISTING AUTHORITY.

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

15 Act is in addition to, and not in lieu of, any other author16 ity vested in the Attorney General, the Commission, or any

17 other officer of the United States.

18 (b) ATTORNEY GENERAL AND COMMISSION.—This

19 Act shall not be construed to modify or affect the alloca20 tion of responsibility between the Attorney General and

21 the Commission for the enforcement of the Federal anti22 trust laws.

23 SEC. 11. REPORT TO THE CONGRESS.

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

25 of the enactment of this Act and with the concurrence of
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1 the Commission, the Attorney General shall submit, to the

2 Speaker of the House of Representatives and the Presi3 dent pro tempore of the Senate, a report—

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

5 affected the enforcement of the Federal antitrust

6 laws,

7 (2) describing the extent to which foreign anti8 trust authorities have complied with the confidential9 ity requirements applicable under antitrust mutual

10 assistance agreements in effect under this Act,

11 (3) specifying separately the identities of the

12 foreign states, regional economic integration organi13 zations, and foreign antitrust authorities that have

14 entered into such agreements and the identities of

15 the foreign antitrust authorities with respect to

16 which such foreign states and such organizations

17 have entered into such agreements,

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

19 and each regional economic integration organization,

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

21 (5) giving the approximate number of requests

22 made by the Attorney General and the Commission

23 under such agreements to foreign antitrust authori24 ties for antitrust investigations and for antitrust evi25 dence,
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1 (6) giving the approximate number of requests

2 made by foreign antitrust authorities under such

3 agreements to the Attorney General and the Com4 mission for investigations under section 3, for orders

5 under section 4, and for antitrust evidence, and

6 (7) describing any significant problems or con7 cerns of which the Attorney General is aware with

8 respect to the operation of this Act.

9 SEC. 12. DEFINITIONS.

10 For purposes of this Act:

11 (1) The term ‘‘antitrust evidence’’ means infor12 mation, testimony, statements, documents, or other

13 things that are obtained in anticipation of, or during

14 the course of, an investigation or proceeding under

15 any of the Federal antitrust laws or any of the for16 eign antitrust laws.

17 (2) The term ‘‘antitrust mutual assistance

18 agreement’’ means a written agreement, or written

19 memorandum of understanding, that is entered into

20 by the United States and a foreign state or regional

21 economic integration organization (with respect to

22 the foreign antitrust authorities of such foreign state

23 or such organization, and such other governmental

24 entities of such foreign state or such organization as

25 the Attorney General and the Commission jointly de-
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1 termine may be necessary in order to provide the as2 sistance described in subparagraph (A)), or jointly

3 by the Attorney General and the Commission and a

4 foreign antitrust authority, for the purpose of con5 ducting investigations under section 3, applying for

6 orders under section 4, or providing antitrust evi7 dence, on a reciprocal basis and that includes the

8 following:

9 (A) An assurance that the foreign anti10 trust authority will provide to the Attorney

11 General and the Commission assistance that is

12 comparable in scope to the assistance the Attor13 ney General and the Commission provide under

14 such agreement or such memorandum.

15 (B) An assurance that the foreign anti16 trust authority is subject to laws and proce17 dures that are adequate to maintain securely

18 the confidentiality of antitrust evidence that

19 may be received under section 2, 3, or 4 and

20 will give protection to antitrust evidence re21 ceived under such section that is not less than

22 the protection provided under the laws of the

23 United States to such antitrust evidence.

24 (C) Citations to and brief descriptions of

25 the laws of the United States, and the laws of
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1 the foreign state or regional economic integra2 tion organization represented by the foreign

3 antitrust authority, that protect the confiden4 tiality of antitrust evidence that may be pro5 vided under such agreement or such memoran6 dum. Such citations and such descriptions shall

7 include the enforcement mechanisms and pen8 alties applicable under such laws and, with re9 spect to a regional economic integration organi10 zation, the applicability of such laws, enforce11 ment mechanisms, and penalties to the foreign

12 states composing such organization.

13 (D) Citations to the Federal antitrust

14 laws, and the foreign antitrust laws, with re15 spect to which such agreement or such memo16 randum applies.

17 (E) Terms and conditions that specifically

18 require using, disclosing, or permitting the use

19 or disclosure of, antitrust evidence received

20 under such agreement or such memorandum

21 only—

22 (i) for the purpose of administering or

23 enforcing the foreign antitrust laws in24 volved, or
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1 (ii) with respect to a specified disclo2 sure or use requested by a foreign anti3 trust authority and essential to a signifi4 cant law enforcement objective, in accord5 ance with the prior written consent that

6 the Attorney General or the Commission,

7 as the case may be, gives after—

8 (I) determining that such anti9 trust evidence is not otherwise readily

10 available with respect to such objec11 tive,

12 (II) making the determinations

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

14 section 8(a), with respect to such dis15 closure or use, and

16 (III) making the determinations

17 applicable to a foreign antitrust au18 thority under section 8(a)(1) (other

19 than the determination regarding the

20 assurance described in subparagraph

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

22 each additional governmental entity, if

23 any, to be provided such antitrust evi24 dence in the course of such disclosure

25 or use, after having received adequate
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1 written assurances applicable to each

2 such governmental entity.

3 (F) An assurance that antitrust evidence

4 received under section 2, 3, or 4 from the At5 torney General or the Commission, and all cop6 ies of such evidence, in the possession or control

7 of the foreign antitrust authority will be re8 turned to the Attorney General or the Commis9 sion, respectively, at the conclusion of the for10 eign investigation or proceeding with respect to

11 which such evidence was so received.

12 (G) Terms and conditions that specifically

13 provide that such agreement or such memoran14 dum will be terminated if—

15 (i) the confidentiality required under

16 such agreement or such memorandum is

17 violated with respect to antitrust evidence,

18 and

19 (ii) adequate action is not taken both

20 to minimize any harm resulting from the

21 violation and to ensure that the confiden22 tiality required under such agreement or

23 such memorandum is not violated again.

24 (H) Terms and conditions that specifically

25 provide that if the confidentiality required
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1 under such agreement or such memorandum is

2 violated with respect to antitrust evidence, no3 tice of the violation will be given—

4 (i) by the foreign antitrust authority

5 promptly to the Attorney General or the

6 Commission with respect to antitrust evi7 dence provided by the Attorney General or

8 the Commission, respectively, and

9 (ii) by the Attorney General or the

10 Commission to the person (if any) that

11 provided such evidence to the Attorney

12 General or the Commission.

13 (3) The term ‘‘Attorney General’’ means the

14 Attorney General of the United States.

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

16 Trade Commission.

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

18 meaning given the term ‘‘antitrust laws’’ in sub19 section (a) of the first section of the Clayton Act (15

20 U.S.C. 12(a)) but also includes section 5 of the Fed21 eral Trade Commission Act (15 U.S.C. 45) to the

22 extent that such section 5 applies to unfair methods

23 of competition.

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

25 means a governmental entity of a foreign state or of
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1 a regional economic integration organization that is

2 vested by such state or such organization with au3 thority to enforce the foreign antitrust laws of such

4 state or such organization.

5 (7) The term ‘‘foreign antitrust laws’’ means

6 the laws of a foreign state, or of a regional economic

7 integration organization, that are substantially simi8 lar to any of the Federal antitrust laws and that

9 prohibit conduct similar to conduct prohibited under

10 the Federal antitrust laws.

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

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

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

14 (9) The term ‘‘regional economic integration or15 ganization’’ means an organization that is con16 stituted by, and composed of, foreign states, and on

17 which such foreign states have conferred sovereign

18 authority to make decisions that are binding on such

19 foreign states, and that are directly applicable to

20 and binding on persons within such foreign states,

21 including the decisions with respect to—

22 (A) administering or enforcing the foreign

23 antitrust laws of such organization, and

24 (B) prohibiting and regulating disclosure

25 of information that is obtained by such organi-
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1 zation in the course of administering or enforc2 ing such laws.

3 SEC. 13. AUTHORITY TO RECEIVE REIMBURSEMENT.

4 The Attorney General and the Commission are au5 thorized to receive from a foreign antitrust authority, or

6 from the foreign state or regional economic integration or7 ganization represented by such foreign antitrust authority,

8 reimbursement for the costs incurred by the Attorney Gen9 eral or the Commission, respectively, in conducting an in10 vestigation under section 3 requested by such foreign anti11 trust authority, applying for an order under section 4 to

12 assist such foreign antitrust authority, or providing anti13 trust evidence to such foreign antitrust authority under

14 an antitrust mutual assistance agreement in effect under

15 this Act with respect to such foreign antitrust authority.

Passed the Senate October 7 (legislative day, September 12), 1994.

Attest:

Secretary.
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