---
kind: "section"
citation: "15 U.S.C. § 6207"
title: "15"
title_heading: "Commerce and Trade"
number: "6207"
heading: "Conditions on use of antitrust mutual assistance agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/6207"
units:
  - "Chapter 88 — International Antitrust Enforcement Assistance"
---

# §6207. Conditions on use of antitrust mutual assistance agreements

- (a) **Determinations—** Neither the [Attorney General](/usc/15/6211.md?p=3) nor the [Commission](/usc/15/6211.md?p=4) may conduct an investigation under [section 6202 of this title](/usc/15/6202.md), apply for an order under [section 6203 of this title](/usc/15/6203.md), or provide [antitrust evidence](/usc/15/6211.md?p=1) to a [foreign antitrust authority](/usc/15/6211.md?p=6) under an [antitrust mutual assistance agreement](/usc/15/6211.md?p=2), unless the [Attorney General](/usc/15/6211.md?p=3) or the [Commission](/usc/15/6211.md?p=4), as the case may be, determines in the particular instance in which the investigation, application, or [antitrust evidence](/usc/15/6211.md?p=1) is requested that—
  - (1) the [foreign antitrust authority](/usc/15/6211.md?p=6)—
    - (A) will satisfy the assurances, terms, and conditions described in subparagraphs (A), (B), and (E) of [section 6211(2) of this title](/usc/15/6211.md?p=2), and
    - (B) is capable of complying with and will comply with the confidentiality requirements applicable under such [agreement](/usc/15/7a.md?p=2) to the requested [antitrust evidence](/usc/15/6211.md?p=1),
  - (2) providing the requested [antitrust evidence](/usc/15/6211.md?p=1) will not violate [section 6204 of this title](/usc/15/6204.md), and
  - (3) conducting such investigation, applying for such order, or providing the requested [antitrust evidence](/usc/15/6211.md?p=1), as the case may be, is consistent with the public interest of the United States, taking into consideration, among other factors, whether the foreign [state](/usc/15/15g.md?p=2) or [regional economic integration organization](/usc/15/6211.md?p=9) represented by the [foreign antitrust authority](/usc/15/6211.md?p=6) holds any proprietary interest that could benefit or otherwise be affected by such investigation, by the granting of such order, or by the provision of such [antitrust evidence](/usc/15/6211.md?p=1).
- (b) **Limitation on disclosure of certain antitrust evidence—** Neither the [Attorney General](/usc/15/6211.md?p=3) nor the [Commission](/usc/15/6211.md?p=4) may disclose in violation of an [antitrust mutual assistance agreement](/usc/15/6211.md?p=2) any [antitrust evidence](/usc/15/6211.md?p=1) received under such [agreement](/usc/15/7a.md?p=2), except that such [agreement](/usc/15/7a.md?p=2) may not prevent the disclosure of such [antitrust evidence](/usc/15/6211.md?p=1) to a defendant in an action or proceeding brought by the [Attorney General](/usc/15/6211.md?p=3) or the [Commission](/usc/15/6211.md?p=4) 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—** If the [Attorney General](/usc/15/6211.md?p=3) or the [Commission](/usc/15/6211.md?p=4) receives a notice described in [section 6211(2)(H) of this title](/usc/15/6211.md?p=2-H), the [Attorney General](/usc/15/6211.md?p=3) or the [Commission](/usc/15/6211.md?p=4), as the case may be, shall transmit such notice to the [person](/usc/15/6211.md?p=8) that provided the evidence with respect to which such notice is received.

## Source credit

(Pub. L. 103–438, § 8, Nov. 2, 1994, 108 Stat. 4601.)