Page:United States Statutes at Large Volume 108 Part 6.djvu/34
108 STAT. 4602 PUBLIC LAW 103-438—NOV. 2, 1994 disclose in violation of an antitrust mutual assistance agreement any antitrust evidence received under such agreement, except that such agreement may not prevent the disclosure of such antitrust evidence to a defendant in an action or proceeding brought by the Attorney General or the Commission for a violation of any of the Federal laws if such disclosure would otherwise be required by Federal law. (c) REQUIRED DISCLOSURE OF NOTICE RECEIVED. —I f the Attorney General or the Commission receives a notice described in section 12(2)(H), the Attorney General or the Commission, as the case may be, shall transmit such notice to the person that provided the evidence with respect to which such notice is received. 15 USC 6208. SEC. 9. LIMITATIONS ON JUDICIAL REVIEW. (a) DETERMINATIONS.—Determinations made under paragraphs (1) and (3) of section 8(a) shall not be subject to judicial review. (b) CITATIONS TO AND DESCRIPTIONS OF CONFIDENTIALITY LAWS. —Whether an antitrust mutual assistance agreement satisfies section 12(2)(C) shall not be subject to judicial review. (c) RULES OF CONSTRUCTION.— (1) ADMINISTRATIVE PROCEDURE ACT. —The requirements in section 7 with respect to publication and request for public comment shall not be construed to create £Uiy availabmty of judicial review under chapter 7 of title 5 of the United States Code. (2) LAWS REFERENCED IN SECTION 5. —Nothing in this section shall be construed to affect the availability of judicial review under laws referred to in section 5. 15 USC 6209. SEC. 10. PRESERVATION OF EXISTING AUTHORITY. (a) IN GENERAL. —The authority provided by this Act is in addition to, and not in lieu of, any other authority vested in the Attorney General, the Commission, or any other oflBcer of the United States. (b) ATTORNEY GENERAL AND COMMISSION.—T his Act 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. 15 USC 6210. SEC. 11. REPORT TO THE CONGRESS. In the 30-day period beginning 3 years after the date of the enactment of this Act and with the concurrence of the Commission, the Attorney General shaW. submit, to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report— (1) describing how the operation of this Act has affected the enforcement of the Federal antitrust laws, (2) describing the extent to which foreign antitrust authorities have complied with the confidentiaUty requirements applicable tinder antitrust mutual assistance agreements in efifect under this Act, (3) specifying separately the identities of the foreign states, regional economic integration organizations, and foreign antitrust authorities that have entered into such agreements and the identities of the foreign smtitrust authorities with respect to which such foreign states and such organizations have entered into such sigreements.