Page:United States Statutes at Large Volume 108 Part 6.djvu/33

 PUBLIC LAW 103-438—NOV. 2, 1994 108 STAT. 4601 (c) PUBLICATION OF ANTITRUST MUTUAL ASSISTANCE AGREE- MENTS, 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 assistance agreement is entered into, the Attorney General, with the concurrence of the Commission, shall publish in the Federal Register— (1) the text of the antitrust mutual assistance agreement or amendment, or the terms of the termination, as the case may be, and (2) in the case of an agreement that makes an amendment to an antitrust mutual assistance agreement, a notice containing— (A) citations to the locations in the Federal Register at which the text of the antitrust mutual assistance agreement that is so amended, and of any previous amendments to such agreement, are published, and (B) a description of the manner in which a copy of the antitrust mutual assistance agreement, 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 accordance with subsections (a), (b), and (c) shall not be considered to be in effect under this Act. SEC. 8. CONDITIONS ON USE OF ANTITRUST MUTUAL ASSISTANCE 15 USC 6207. 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 Attorney General or the Commission, as the case may be, determines 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 applicable 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 evidence, as the case may be, is consistent with the public interest of the United States, taking into consideration, among other factors, whether the foreign state or regional economic integration organization represented 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 ANTITRUST EVI- DENCE. —Neither the Attorney General nor the Commission may 79-194 O—95—2:QL3Part6

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