(I) determining that such anti-
trust evidence is not otherwise readily
available with respect to such objective,
(II) making the determinations
described in paragraphs (2) and (3) of
section 8(a), with respect to such dis-
closure or use, and
(III) making the determinations
applicable to a foreign antitrust au-
thority under section 8(a)(1) (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 evi-
dence 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 re-
ceived under section 2, 3, or 4 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, respec-
tively, at the conclusion of the foreign investiga-
tion or proceeding with respect to which such
evidence was so received.
(G) Terms and conditions that specifically
provide that such agreement or such memoran-
dum 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 confiden-
tiality 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 evi-
dence provided by the Attorney General or
the Commission, respectively, and
(ii) by the Attorney General or the
Commission to the person (if any) that pro-
vided such evidence to the Attorney General
or the Commission.
(3) The term ‘‘Attorney General’’ means the At-
torney 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 sub-
section (a) of the first section of the Clayton Act (15
U.S.C. 12(a)) but also includes section 5 of the Fed-
eral Trade Commission Act (15 U.S.C. 45) to the ex-
tent that such section 5 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 author-
ity 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 inte-
gration organization, that are substantially similar to
any of the Federal antitrust laws and that prohibit
conduct similar to conduct prohibited under the Fed-
eral antitrust laws.
(8) The term ‘‘person’’ has the meaning given
such term in subsection (a) of the first section of the
Clayton Act (15 U.S.C. 12(a)).
(9) The term ‘‘regional economic integration or-
ganization’’ means an organization that is con-
stituted by, and composed of, foreign states, and on
which such foreign states have conferred sovereign au-
thority to make decisions that are binding on such
foreign states, and that are directly applicable to and
binding on persons within such foreign states, includ-
ing 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 organiza-
tion in the course of administering or enforcing
such laws.
SEC. 13. AUTHORITY TO RECEIVE REIMBURSEMENT.
The Attorney General and the Commission are author-
ized to receive from a foreign antitrust authority, or from
the foreign state or regional economic integration organiza-
tion represented by such foreign antitrust authority, reim-
bursement for the costs incurred by the Attorney General
or the Commission, respectively, in conducting an inves-
tigation under section 3 requested by such foreign antitrust
authority, applying for an order under section 4 to assist
such foreign antitrust authority, or providing antitrust evi-
dence to such foreign antitrust authority under an antitrust
mutual assistance agreement in effect under this Act with
respect to such foreign antitrust authority.
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