Page:United States Statutes at Large Volume 108 Part 6.djvu/30

 108 STAT. 4598 PUBLIC LAW 103-438—NOV. 2, 1994 (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 evidence 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 legally applicable right or privilege. (e) CONFORMING AMENDMENTS.— (1) ANTITRUST CIVIL PROCESS ACT.— The Antitrust Civil Process Act (15 U.S.C. 1311 et seq.) is amended— 15 USC 1311. (A) in section 2— (i) in subsection (d)— (I) by striking "or any" and inserting ", any", and (II) by inserting before the semicolon "or, with respect to the International Antitrust Enforcement Assistance 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 International Antitrust Enforcement Assistance Act of 1994.", and 15 USC 1312. (B) in the first sentence of section 3(a)— (i) by inserting "or, with respect to the International Antitrust Enforcement Assistance Act of 1994, an investigation authorized by section 3 of such Act" after "investigation", 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— 15 USC 46. (A) in section 6 by inserting after subsection (h) the following: "(i) With respect to the International Antitrust Enforcement Assistance Act of 1994, to conduct investigations of possible violations of foreign antitrust laws (as defined in section 12 of such Act)."; 15 USC 57b-l. (B) in section 20(a) by amending paragraph (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 Clajdion Act or of any other Federal statute that prohibits, or makes available to the Commission a civil remedy with respect to, any restraint upon or monopolization of interstate or foreign trade or commerce; "(C) with respect to the International Antitrust 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

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