sistance 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 re-
spect 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 sec-
tion 5, the Attorney General and the Commission may,
using their respective authority to investigate possible viola-
tions 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 as-
sist the foreign antitrust authority—
(1) in determining whether a person has violated
or is about to violate any of such foreign antitrust
laws, or
(2) in enforcing any of such foreign antitrust
laws.
(c) SPECIAL SCOPE OF AUTHORITY.—An investigation
may be conducted under subsection (b), and antitrust evi-
dence obtained through such investigation may be provided,
without regard to whether the conduct investigated violates
any of the Federal antitrust laws.
(d) RIGHTS AND PRIVILEGES PRESERVED.—A person
may not be compelled in connection with an investigation
under this section to give testimony or a statement, or to
produce a document or other thing, in violation of any le-
gally applicable right or privilege.
(e) CONFORMING AMENDMENTS.—
(1) ANTITRUST CIVIL PROCESS ACT.—The Anti-
trust Civil Process Act (15 U.S.C. 1311 et seq.) is
amended—
(A) in section 2—
(i) in subsection (d)—
(I) by striking ‘‘or any’’ and in-
serting ‘‘, any’’, and
(II) by inserting before the semi-
colon ‘‘or, with respect to the Inter-
national Antitrust Enforcement Assist-
ance Act of 1994, any of the foreign
antitrust laws’’, and
(ii) by adding at the end the following:
‘‘(k) The term ‘foreign antitrust laws’ has the
meaning given such term in section 12 of the Inter-
national Antitrust Enforcement Assistance Act of
1994.’’, and
(B) in the first sentence of section 3(a)—
(i) by inserting ‘‘or, with respect to the
International Antitrust Enforcement Assist-
ance Act of 1994, an investigation author-
ized by section 3 of such Act’’ after ‘‘inves-
tigation’’, and
(ii) by inserting ‘‘by the United
States’’ after ‘‘proceeding’’.
(2) FEDERAL
TRADE
COMMISSION
ACT.—The
Federal Trade Commission Act (15 U.S.C. 41 et seq.)
is amended—
(A) in section 6 by inserting after sub-
section (h) the following:
‘‘(i) With respect to the International Antitrust En-
forcement Assistance Act of 1994, to conduct investigations
of possible violations of foreign antitrust laws (as defined
in section 12 of such Act).’’;
(B) in section 20(a) by amending para-
graph (8) to read as follows:
‘‘(8) The term ‘antitrust violation’ means—
‘‘(A) any unfair method of competition
(within the meaning of section 5(a)(1));
‘‘(B) any violation of the Clayton Act or of
any other Federal statute that prohibits, or
makes available to the Commission a civil rem-
edy with respect to, any restraint upon or mo-
nopolization of interstate or foreign trade or
commerce;
‘‘(C) with respect to the International Anti-
trust Enforcement Assistance Act of 1994, any
violation of any of the foreign antitrust laws (as
defined in section 12 of such Act) with respect to
which a request is made under section 3 of such
Act; or
‘‘(D) any activity in preparation for a
merger, acquisition, joint venture, or similar
transaction, which if consummated, may result
in any such unfair method of competition or in
any such violation.’’.
SEC. 4. JURISDICTION OF THE DISTRICT COURTS OF THE
UNITED STATES.
(a) AUTHORITY OF THE DISTRICT COURTS.—On the
application of the Attorney General made in accordance
with an antitrust mutual assistance agreement in effect
under this Act, the United States district court for the dis-
trict in which a person resides, is found, or transacts busi-
ness may order such person to give testimony or a state-
ment, or to produce a document or other thing, to the Attor-
ney General to assist a foreign antitrust authority with re-
spect to which such agreement is in effect under this Act—
(1) 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 au-
thority, or
(2) in enforcing any of such foreign antitrust
laws.
(b) CONTENTS OF ORDER.—
(1) USE
OF
APPOINTEE
TO
RECEIVE
EVI-
DENCE.—(A) An order issued under subsection (a)
may direct that testimony or a statement be given, or
a document or other thing be produced, to a person
who shall be recommended by the Attorney General
and appointed by the court.
(B) A person appointed under subparagraph (A)
shall have power to administer any necessary oath
and to take such testimony or such statement.
(2) PRACTICE AND PROCEDURE.—(A) An order
issued under subsection (a) may prescribe the practice
and procedure for taking testimony and statements
and for producing documents and other things.
(B) Such practice and procedure may be in
whole or in part the practice and procedure of the for-
eign state, or the regional economic integration orga-
nization, represented by the foreign antitrust author-
ity with respect to which the Attorney General re-
quests such order.
(C) To the extent such order does not prescribe
otherwise, any testimony and statements required to
be taken shall be taken, and any documents and other
things required to be produced shall be produced, in
accordance with the Federal Rules of Civil Procedure.
(c) RIGHTS AND PRIVILEGES PRESERVED.—A person
may not be compelled under an order issued under sub-
section (a) to give testimony or a statement, or to produce
a document or other thing, in violation of any legally appli-
cable right or privilege.
(d) VOLUNTARY CONDUCT.—This section does not pre-
clude a person in the United States from voluntarily giving
testimony or a statement, or producing a document or other
thing, in any manner acceptable to such person for use in
an investigation by a foreign antitrust authority.
SEC. 5. LIMITATIONS ON AUTHORITY.
Sections 2, 3, and 4 shall not apply with respect to
the following antitrust evidence:
(1) Antitrust evidence that is received by the At-
torney General or the Commission under section 7A
of the Clayton Act (15 U.S.C. 18a), as added by title
II of the Hart-Scott-Rodino Antitrust Improvements
Act of 1976. Nothing in this paragraph shall affect
the ability of the Attorney General or the Commission
to disclose to a foreign antitrust authority antitrust
evidence that is obtained otherwise than under such
section 7A.
(2) Antitrust evidence that is matter occurring
before a grand jury and with respect to which disclo-
sure is prevented by Federal law, except that for the
purpose of applying Rule 6(e)(3)(C)(iv) of the Federal
Rules of Criminal Procedure with respect to this sec-
tion—
(A) a foreign antitrust authority with re-
spect to which a particularized need for such
antitrust evidence is shown shall be considered to
be an appropriate official of any of the several
States, and
(B) a foreign antitrust law administered or
enforced by the foreign antitrust authority shall
be considered to be a State criminal law.
(3) Antitrust evidence that is specifically author-
ized under criteria established by Executive Order
12356, or any successor to such order, to be kept se-
cret in the interest of national defense or foreign pol-
icy, and—
(A) that is classified pursuant to such order
or such successor, or
(B) with respect to which a determination
of classification is pending under such order or
such successor.
(4) Antitrust evidence that is classified under
section 142 of the Atomic Energy Act of 1954 (42
U.S.C. 2162).
SEC. 6. EXCEPTION TO CERTAIN DISCLOSURE RESTRIC-
TIONS.
Section 4 of the Antitrust Civil Process Act (15 U.S.C.
1313), and sections 6(f) and 21 of the Federal Trade Com-
mission Act (15 U.S.C. 46, 57b–2), shall not apply to pre-
vent the Attorney General or the Commission from provid-
ing to a foreign antitrust authority antitrust evidence in
accordance with an antitrust mutual assistance agreement
in effect under this Act and in accordance with the other
requirements of this Act.
SEC. 7. PUBLICATION REQUIREMENTS APPLICABLE TO
ANTITRUST 
MUTUAL 
ASSISTANCE 
AGREE-
MENTS.
(a) PUBLICATION OF PROPOSED ANTITRUST MUTUAL
ASSISTANCE AGREEMENTS.—Not less than 45 days before
an antitrust mutual assistance agreement is entered into,
the Attorney General, with the concurrence of the Commis-
sion, shall publish in the Federal Register—
(1) the proposed text of such agreement and any
modification to such proposed text, and
(2) a request for public comment with respect to
such text or such modification, as the case may be.
(b) PUBLICATION
OF PROPOSED AMENDMENTS
TO
ANTITRUST MUTUAL ASSISTANCE AGREEMENTS
IN EF-
FECT.—Not less than 45 days before an agreement is entered
into that makes an amendment to an antitrust mutual as-
sistance agreement, the Attorney General, with the concur-
rence of the Commission, shall publish in the Federal Reg-
ister—
(1) the proposed text of such amendment, and
(2) a request for public comment with respect to
such amendment.
(c) PUBLICATION OF ANTITRUST MUTUAL ASSISTANCE
AGREEMENTS, AMENDMENTS, AND TERMINATIONS.—Not
later than 45 days after an antitrust mutual assistance
agreement is entered into or terminated, or an agreement
that makes an amendment to an antitrust mutual assist-
ance agreement is entered into, the Attorney General, with
the concurrence of the Commission, shall publish in the Fed-
eral Register—
(1) the text of the antitrust mutual assistance
agreement or amendment, or the terms of the termi-
nation, as the case may be, and
(2) in the case of an agreement that makes an
amendment to an antitrust mutual assistance agree-
ment, a notice containing—
(A) citations to the locations in the Federal
Register at which the text of the antitrust mu-
tual assistance agreement that is so amended,
and of any previous amendments to such agree-
ment, are published, and
(B) a description of the manner in which a
copy of the antitrust mutual assistance agree-
ment, as so amended, may be obtained from the
Attorney General and the Commission.
(d) CONDITION FOR VALIDITY.—An antitrust mutual
assistance agreement, or an agreement that makes an
amendment to an antitrust mutual assistance agreement,
with respect to which publication does not occur in accord-
ance with subsections (a), (b), and (c) shall not be consid-
ered to be in effect under this Act.
SEC. 8. CONDITIONS ON USE OF ANTITRUST MUTUAL AS-
SISTANCE AGREEMENTS.
(a) DETERMINATIONS.—Neither the Attorney General
nor the Commission may conduct an investigation under
section 3, apply for an order under section 4, or provide
antitrust evidence to a foreign antitrust authority under
an antitrust mutual assistance agreement, unless the Attor-
ney General or the Commission, as the case may be, deter-
mines in the particular instance in which the investigation,
application, or antitrust evidence is requested that—
(1) the foreign antitrust authority—
(A) will satisfy the assurances, terms, and
conditions described in subparagraphs (A), (B),
and (E) of section 12(2), and
(B) is capable of complying with and will
comply with the confidentiality requirements ap-
plicable under such agreement to the requested
antitrust evidence,
(2) providing the requested antitrust evidence
will not violate section 5, and
(3) conducting such investigation, applying for
such order, or providing the requested antitrust evi-
dence, as the case may be, is consistent with the pub-
lic interest of the United States, taking into consider-
ation, among other factors, whether the foreign state
or regional economic integration organization rep-
resented by the foreign antitrust authority holds any
proprietary interest that could benefit or otherwise be
affected by such investigation, by the granting of such
order, or by the provision of such antitrust evidence.
(b) LIMITATION ON DISCLOSURE OF CERTAIN ANTI-
TRUST EVIDENCE.—Neither the Attorney General nor the
Commission may disclose in violation of an antitrust mu-
tual assistance agreement any antitrust evidence received
under such agreement, except that such agreement may not
prevent the disclosure of such antitrust evidence to a defend-
ant in an action or proceeding brought by the Attorney
General or the Commission for a violation of any of the
Federal laws if such disclosure would otherwise be required
by Federal law.
(c) REQUIRED DISCLOSURE OF NOTICE RECEIVED.—
If the Attorney General or the Commission receives a notice
described in section 12(2)(H), the Attorney General or the
Commission, as the case may be, shall transmit such notice
to the person that provided the evidence with respect to
which such notice is received.
SEC. 9. LIMITATIONS ON JUDICIAL REVIEW.
(a) DETERMINATIONS.—Determinations made under
paragraphs (1) and (3) of section 8(a) shall not be subject
to judicial review.
(b) CITATIONS TO AND DESCRIPTIONS OF CONFIDEN-
TIALITY LAWS.—Whether an antitrust mutual assistance
agreement satisfies section 12(2)(C) shall not be subject to
judicial review.
(c) RULES OF CONSTRUCTION.—
(1) ADMINISTRATIVE PROCEDURE ACT.—The re-
quirements in section 7 with respect to publication
and request for public comment shall not be construed
to create any availability of judicial review under
chapter 7 of title 5 of the United States Code.
(2) LAWS REFERENCED IN SECTION 5.—Nothing
in this section shall be construed to affect the avail-
ability of judicial review under laws referred to in
section 5.
SEC. 10. PRESERVATION OF EXISTING AUTHORITY.
(a) IN GENERAL.—The authority provided by this Act
is in addition to, and not in lieu of, any other authority
vested in the Attorney General, the Commission, or any
other officer of the United States.
(b) ATTORNEY GENERAL AND COMMISSION.—This Act
shall not be construed to modify or affect the allocation of
responsibility between the Attorney General and the Com-
mission for the enforcement of the Federal antitrust laws.
SEC. 11. REPORT TO THE CONGRESS.
In the 30-day period beginning 3 years after the date
of the enactment of this Act and with the concurrence of
the Commission, the Attorney General shall submit, to the
Speaker of the House of Representatives and the President
pro tempore of the Senate, a report—
(1) describing how the operation of this Act has
affected the enforcement of the Federal antitrust laws,
(2) describing the extent to which foreign anti-
trust authorities have complied with the confidential-
ity requirements applicable under antitrust mutual
assistance agreements in effect under this Act,
(3) specifying separately the identities of the for-
eign states, regional economic integration organiza-
tions, and foreign antitrust authorities that have en-
tered into such agreements and the identities of the
foreign antitrust authorities with respect to which
such foreign states and such organizations have en-
tered into such agreements,
(4) specifying the identity of each foreign state,
and each regional economic integration organization,
that has in effect a law similar to this Act,
(5) giving the approximate number of requests
made by the Attorney General and the Commission
under such agreements to foreign antitrust authorities
for antitrust investigations and for antitrust evidence,
(6) giving the approximate number of requests
made by foreign antitrust authorities under such
agreements to the Attorney General and the Commis-
sion for investigations under section 3, for orders
under section 4, and for antitrust evidence, and
(7) describing any significant problems or con-
cerns of which the Attorney General is aware with re-
spect to the operation of this Act.
SEC. 12. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘antitrust evidence’’ means infor-
mation, 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 for-
eign antitrust laws.
(2) The term ‘‘antitrust mutual assistance agree-
ment’’ means a written agreement, or written memo-
randum of understanding, that is entered into by the
United States and a foreign state or regional eco-
nomic integration organization (with respect to the
foreign antitrust authorities of such foreign state or
such organization, and such other governmental enti-
ties of such foreign state or such organization as the
Attorney General and the Commission jointly deter-
mine may be necessary in order to provide the assist-
ance described in subparagraph (A)), or jointly by the
Attorney General and the Commission and a foreign
antitrust authority, for the purpose of conducting in-
vestigations under section 3, applying for orders
under section 4, 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 com-
parable 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 confiden-
tiality of antitrust evidence that may be received
under section 2, 3, or 4 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 anti-
trust 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 or-
ganization represented by the foreign antitrust
authority, that protect the confidentiality of
antitrust evidence that may be provided under
such agreement or such memorandum. Such cita-
tions and such descriptions shall include the en-
forcement mechanisms and penalties applicable
under such laws and, with respect to a regional
economic integration organization, the applica-
bility of such laws, enforcement mechanisms, and
penalties to the foreign states composing such or-
ganization.
(D) Citations to the Federal antitrust laws,
and the foreign antitrust laws, with respect to
which such agreement or such memorandum ap-
plies.
(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 in-
volved, or
(ii) with respect to a specified disclo-
sure 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—