PUBLIC LAW 94-163—DEC. 22, 1975
89 STAT. 897
concerning the maintenance of necessary and appropriate records related to the development and carrying out of voluntary agreements and plans of action authorized pursuant to this section. (3) Persons developing or carrying out voluntary agreements and Recordkeeping. plans of action authorized pursuant to this section shall maintain such records as are required by rules promulgated under paragraph (2). The Attorney General and the Federal Trade Commission shall have Accessibility. access to and the right to copy such records at reasonable times and upon reasonable notice. (4) The Attorney General and the Federal Trade Commission may Rules. each prescribe such rules as may be necessary or appropriate to carry out their respective responsibilities under this section. They may both utilize for such purposes and for purposes of enforcement any powers conferred upon the Federal Trade Commission or the Department of Justice, or both, by the antitrust laws or the Antitrust Civil Process Act; and wherever any such law refers to "the purposes of this Act" 15 USC 1311 or like terms, the reference shall be understood to include this section. note. (f)(1) There shall be available as a defense to any civil or criminal Defenses. action brought under the antitrust laws (or any similar State law) in respect to actions taken to develop or carry out a voluntary agreement or plan of action by persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products (provided that such actions were not taken for the purpose of injuring competition) that— (A) such actions were taken— (i) in the course of developing a voluntary agreement or plan of action pursuant to this section, or (ii) to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section, and (B) such persons complied with the requirements of this section and the rules promulgated hereunder. (2) Except in the case of actions taken to develop a voluntary agreement or plan of action, the defense provided in this subsection shall be available only if the person asserting the defense demonstrates that the actions were specified in, or within the reasonable contemplation of, an approved plan of action. (3) Persons interposing the defense provided by this subsection Burden of proof. shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition. (g) No provision of this section shall be construed as granting immunity for, or as limiting or in any way affecting any remedy or penalty which may result from any legal action or proceeding arising from, any act or practice which occurred prior to the date of enactment of this Act or subsequent to its expiration or repeal. (h) Upon the expiration of the 90-day period which begins on the date of enactment of this Act, the provisions of sections 708 and 708A (other than 708A(o)) of the Defense Production Act of 1950 shall Ante, pp. 810, not apply to any agreement or action undertaken for the purpose of 815. developing or carrying out (1) the international energy program, or 50 USC app. (2) any allocation, price control, or similar program with respect to 2158, 2158a. petroleum products under this Act or under the Emer.orency Petroleum Allocation Act of 1973. For purposes of section 708(A)(o) of the 42 USC 751 note. Defense Production Act of 1950, the effective date of the provisions of this Act which relate to international voluntary agreements to carry out the International Energy Program shall be deemed to be 90 days after the date of enactment of this Act.
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