Page:United States Statutes at Large Volume 108 Part 6.djvu/31

 PUBLIC LAW 103-438—NOV. 2, 1994 108 STAT. 4599 "(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 15 USC 6203. 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 district in which a person resides, is found, or transacts business may order such person to give testimony or a statement, or to produce a document or other thing, to the Attorney General to assist a foreign antitrust authority with respect 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 authority, or (2) in enforcing any of such foreign antitrust laws. (b) CONTENTS OF ORDER.— (1) USE OF APPOINTEE TO RECEIVE EVIDENCE, — (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 foreign state, or the regional economic integration organization, represented by the foreign antitrust authority with respect to which the Attorney General requests 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 subsection (a) to give testimony or a statement, or to produce a document or other thing, in violation of any legally applicable right or privilege. (d) VOLUNTARY CONDUCT.— This section does not preclude 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. 15 USC 6204. Sections 2, 3, and 4 shall not apply with respect to the following antitrust evidence: (1) Antitrust evidence that is received by the Attorney General or the Commission under section 7A of the Cla3dx)n Act (15 U.S.C. 18a), as added by title II of the Hart-Scott-

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