S.2297 - International Antitrust Enforcement Assistance Act of 1994103rd Congress (1993-1994)
|Sponsor:||Sen. Metzenbaum, Howard M. [D-OH] (Introduced 07/19/1994)|
|Committees:||Senate - Judiciary|
|Committee Reports:||S.Rept 103-388 Part 1; S.Rept 103-388 Part 1|
|Latest Action:||11/29/1994 Held at the desk.|
This bill has the status Passed Senate
Here are the steps for Status of Legislation:
- Passed Senate
Subject — Policy Area:
- Finance and Financial Sector
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Summary: S.2297 — 103rd Congress (1993-1994)All Bill Information (Except Text)
Passed Senate amended (10/07/1994)
International Antitrust Enforcement Assistance Act of 1994 - Authorizes the Attorney General and the Federal Trade Commission (FTC) to provide, in accordance with an antitrust mutual assistance agreement in effect under this Act, antitrust evidence to assist a foreign antitrust authority in: (1) determining whether a person has violated, or is about to violate, any of the foreign antitrust laws administered or enforced by the authority; and (2) enforcing any of such laws. Requires a request for such investigative assistance to be made to the Attorney General, who may deny the request in whole or in part.
Authorizes the Attorney General and the FTC to conduct investigations to obtain and provide to the authority evidence relating to a possible violation of such laws, regardless of whether the conduct investigated violates Federal antitrust law. Amends the Federal Trade Commission Act to grant the FTC the power to conduct investigations of possible violations of such laws.
Authorizes the U.S. district court for the district in which a person resides, is found, or transacts business, upon application of the Attorney General made in accordance with such an agreement, to order such person to give testimony or a statement, or to produce a document or other thing, to the Attorney General to assist the authority in making its determination or in enforcing any of such laws (but prohibits compelling such person to do so in violation of any legally applicable right or privilege).
Sets forth provisions regarding the contents of the order, the preservation of rights and privileges, and voluntary conduct.
Makes this Act inapplicable with respect to antitrust evidence that is: (1) received by the Attorney General or the FTC under provisions of the Clayton Act regarding a premerger notification and waiting period; (2) a matter occurring before a grand jury with respect to which disclosure is prevented by Federal law, with exceptions; (3) specifically authorized by executive order to be kept secret in the interest of national defense or foreign policy; and (4) classified under the Atomic Energy Act of 1954.
Permits disclosure of antitrust evidence obtained under the Antitrust Civil Process Act in accordance with such an agreement.
Sets forth provisions regarding: (1) publication requirements; (2) implementation of such agreements; (3) limitations on judicial review; (4) preservation of authority; and (5) reporting requirements.
Authorizes the Attorney General and the FTC to receive from a foreign antitrust authority, or from the foreign state or regional economic integration organization represented by such authority, reimbursement for costs incurred in conducting an investigation, applying for an order, or providing antitrust evidence to such authority.