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Code · STATUTE-COMPILATIONS · International Antitrust Enforcement Assistance Act of 1994 · Sec. 5

Sec. 5. LIMITATIONS ON AUTHORITY

281 words·~1 min read·/statute-compilations/comps-225/sec-5

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## SEC. 5 LIMITATIONS ON AUTHORITY 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 Clayton Act (15 U.S.C. 18a), as added by title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976. Nothing in this paragraph shall affect the ability of the Attorney General or the Commission to disclose to a foreign antitrust authority antitrust evidence that is obtained otherwise than under such section 7A. ####
(2)Antitrust evidence that is matter occurring before a grand jury and with respect to which disclosure is prevented by Federal law, except that for the purpose of applying Rule 6(e)(3)(C)(iv) of the Federal Rules of Criminal Procedure with respect to this section— #####
(A)a foreign antitrust authority with respect to which a particularized need for such antitrust evidence is shown shall be considered to be an appropriate official of any of the several States, and #####
(B)a foreign antitrust law administered or enforced by the foreign antitrust authority shall be considered to be a State criminal law. ####
(3)Antitrust evidence that is specifically authorized under criteria established by Executive Order 12356, or any successor to such order, to be kept secret in the interest of national defense or foreign policy, and— #####
(A)that is classified pursuant to such order or such successor, or #####
(B)with respect to which a determination of classification is pending under such order or such successor. ####
(4)Antitrust evidence that is classified under section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 2162). **[**[15 U.S.C. 6204](/us/usc/t15/s6204)**]**
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