Sec. 102. Amendments to the Clayton Act
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/bill/116/s/4876/is/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Clayton Act ( 15 U.S.C. 12 et seq.) is amended— by striking section 4F ( 15 U.S.C. 15f ) and inserting the following— Whenever the Attorney General of the United States has brought an action under the antitrust laws or the Federal Trade Commission has brought an action under section 7, and the Attorney General or Federal Trade Commission, as applicable, has reason to believe that any State attorney general would be entitled to bring an action under this Act based substantially on the same alleged violation of the antitrust laws or section 7, the Attorney General or Federal Trade Commission, as applicable, shall promptly give written notification thereof to such State attorney general.
To assist a State attorney general in evaluating the notice described in subsection
(a)or in bringing any action under this Act, the Attorney General of the United States or Federal Trade Commission, as applicable, shall, upon request by such State attorney general, make available to the State attorney general, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action under this Act. ; in section 5 ( 15 U.S.C. 16 )— in subsection (a), by inserting (including a proceeding brought by the Federal Trade Commission with respect to a violation of section 7) after United States under the antitrust laws ; and in subsection (i), by inserting (including a proceeding instituted by the Federal Trade Commission with respect to a violation of section 7) after antitrust laws ; in section 11 ( 15 U.S.C. 21 ), by adding at the end the following: Except as provided in paragraph (2), in enforcing compliance with section 7, the Federal Trade Commission shall enforce compliance with that section in the same manner as the Attorney General in accordance with section 15. If the Federal Trade Commission approves an agreement with the parties to the transaction that contains a consent order with respect to a violation of section 7, the Commission shall enforce compliance with that section in accordance with this section. ; in section 13 ( 15 U.S.C. 23 ), by inserting (including a suit, action, or proceeding brought by the Federal Trade Commission with respect to a violation of section 7) before subpoenas ; and in section 15 ( 15 U.S.C. 25 ), by inserting and the duty of the Federal Trade Commission with respect to a violation of section 7, after General, .
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