15 U.S.C. § 6211 — Definitions

Page 2230 TITLE 15—COMMERCE AND TRADE § 6210 (b) Attorney General and Commission This chapter shall not be construed to modify or affect the allocation of responsibility between the Attorney General and the Commission for the enforcement of the Federal antitrust laws. (Pub. L. 103–438, § 10, Nov. 2, 1994, 108 Stat. 4602.) § 6210. Report to Congress In the 30-day period beginning 3 years after November 2, 1994, and with the concurrence of the Commission, the Attorney General shall submit, to the Speaker of the House of Rep- resentatives and the President pro tempore of the Senate, a report— (1) describing how the operation of this chapter has affected the enforcement of the Federal antitrust laws, (2) describing the extent to which foreign antitrust authorities have complied with the confidentiality requirements applicable under antitrust mutual assistance agreements in ef- fect under this chapter, (3) specifying separately the identities of the foreign states, regional economic integration organizations, and foreign antitrust authori- ties that have entered into such agreements and the identities of the foreign antitrust au- thorities with respect to which such foreign states and such organizations have entered 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 chapter, (5) giving the approximate number of re- quests made by the Attorney General and the Commission under such agreements to foreign antitrust authorities for antitrust investiga- tions and for antitrust evidence, (6) giving the approximate number of re- quests made by foreign antitrust authorities under such agreements to the Attorney Gen- eral and the Commission for investigations under section 6202 of this title, for orders under section 6203 of this title, and for anti- trust evidence, and (7) describing any significant problems or concerns of which the Attorney General is aware with respect to the operation of this chapter. (Pub. L. 103–438, § 11, Nov. 2, 1994, 108 Stat. 4602.) § 6211. Definitions For purposes of this chapter: (1) The term ‘‘antitrust evidence’’ means in- formation, testimony, statements, documents, or other things that are obtained in anticipa- tion of, or during the course of, an investiga- tion or proceeding under any of the Federal antitrust laws or any of the foreign antitrust laws. (2) The term ‘‘antitrust mutual assistance agreement’’ means a written agreement, or written memorandum of understanding, that is entered into by the United States and a for- eign state or regional economic integration organization (with respect to the foreign anti- trust authorities of such foreign state or such organization, and such other governmental en- tities of such foreign state or such organiza- tion as the Attorney General and the Commis- sion jointly determine may be necessary in order to provide the assistance described in subparagraph (A)), or jointly by the Attorney General and the Commission and a foreign antitrust authority, for the purpose of con- ducting investigations under section 6202 of this title, applying for orders under section 6203 of this title, or providing antitrust evi- dence, on a reciprocal basis and that includes the following: (A) An assurance that the foreign anti- trust authority will provide to the Attorney General and the Commission assistance that is comparable in scope to the assistance the Attorney General and the Commission pro- vide under such agreement or such memo- randum. (B) An assurance that the foreign antitrust authority is subject to laws and procedures that are adequate to maintain securely the confidentiality of antitrust evidence that may be received under section 6201, 6202, or 6203 of this title and will give protection to antitrust evidence received under such sec- tion that is not less than the protection pro- vided under the laws of the United States to such antitrust evidence. (C) Citations to and brief descriptions of the laws of the United States, and the laws of the foreign state or regional economic in- tegration organization represented by the foreign antitrust authority, that protect the confidentiality of antitrust evidence that may be provided under such agreement or such memorandum. Such citations and such descriptions shall include the enforcement mechanisms and penalties applicable under such laws and, with respect to a regional economic integration organization, the ap- plicability of such laws, enforcement mecha- nisms, and penalties to the foreign states composing such organization. (D) Citations to the Federal antitrust laws, and the foreign antitrust laws, with re- spect to which such agreement or such memorandum applies. (E) Terms and conditions that specifically require using, disclosing, or permitting the use or disclosure of, antitrust evidence re- ceived under such agreement or such memo- randum only— (i) for the purpose of administering or enforcing the foreign antitrust laws in- volved, or (ii) with respect to a specified disclosure or use requested by a foreign antitrust au- thority and essential to a significant law enforcement objective, in accordance with the prior written consent that the Attor- ney General or the Commission, as the case may be, gives after— (I) determining that such antitrust evi- dence is not otherwise readily available with respect to such objective, (II) making the determinations de- scribed in paragraphs (2) and (3) of sec- tion 6207(a) of this title, with respect to such disclosure or use, and (III) making the determinations appli- cable to a foreign antitrust authority Page 2231 TITLE 15—COMMERCE AND TRADE § 6301 under section 6207(a)(1) of this title (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 writ- ten assurances applicable to each such governmental entity. (F) An assurance that antitrust evidence received under section 6201, 6202, or 6203 of this title 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, re- spectively, at the conclusion of the foreign investigation or proceeding with respect to which such evidence was so received. (G) Terms and conditions that specifically provide that such agreement or such memo- randum will be terminated if— (i) the confidentiality required under such agreement or such memorandum is violated with respect to antitrust evi- dence, and (ii) adequate action is not taken both to minimize any harm resulting from the vio- lation 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 evi- dence, 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 Com- mission to the person (if any) that pro- vided such evidence to the Attorney Gen- eral or the Commission. (3) The term ‘‘Attorney General’’ means the Attorney General of the United States. (4) The term ‘‘Commission’’ means the Fed- eral Trade Commission. (5) The term ‘‘Federal antitrust laws’’ has the meaning given the term ‘‘antitrust laws’’ in subsection (a) of section 12 of this title but also includes section 45 of this title to the ex- tent that such section 45 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 or- ganization that is vested by such state or such organization with authority to enforce the for- eign antitrust laws of such state or such orga- nization. (7) The term ‘‘foreign antitrust laws’’ means the laws of a foreign state, or of a regional economic integration organization, that are substantially similar to any of the Federal antitrust laws and that prohibit conduct simi- lar to conduct prohibited under the Federal antitrust laws. (8) The term ‘‘person’’ has the meaning given such term in subsection (a) of section 12 of this title. (9) The term ‘‘regional economic integration organization’’ means an organization that is constituted by, and composed of, foreign states, and on which such foreign states have conferred sovereign authority to make deci- sions 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 orga- nization in the course of administering or enforcing such laws. (Pub. L. 103–438, § 12, Nov. 2, 1994, 108 Stat. 4603.) § 6212. Authority to receive reimbursement The Attorney General and the Commission are authorized to receive from a foreign antitrust authority, or from the foreign state or regional economic integration organization represented by such foreign antitrust authority, reimburse- ment for the costs incurred by the Attorney General or the Commission, respectively, in con- ducting an investigation under section 6202 of this title requested by such foreign antitrust au- thority, applying for an order under section 6203 of this title to assist such foreign antitrust au- thority, or providing antitrust evidence to such foreign antitrust authority under an antitrust mutual assistance agreement in effect under this chapter with respect to such foreign anti- trust authority. (Pub. L. 103–438, § 13, Nov. 2, 1994, 108 Stat. 4605.) CHAPTER 89—PROFESSIONAL BOXING SAFETY Sec. 6301. Definitions. 6302. Purposes. 6303. Boxing matches in States without boxing commissions. 6304. Safety standards. 6305. Registration. 6306. Review. 6307. Reporting. 6307a. Contract requirements. 6307b. Protection from coercive contracts. 6307c. Sanctioning organizations. 6307d. Required disclosures to State boxing commis- sions by sanctioning organizations. 6307e. Required disclosures for promoters. 6307f. Required disclosures for judges and referees. 6307g. Confidentiality. 6307h. Judges and referees. 6308. Conflicts of interest. 6309. Enforcement. 6310. Notification of supervising boxing commis- sion. 6311. Studies. 6312. Professional boxing matches conducted on In- dian reservations. 6313. Relationship with State law. § 6301. Definitions For purposes of this chapter: (1) Boxer The term ‘‘boxer’’ means an individual who fights in a professional boxing match.