---
kind: "section"
citation: "42 U.S.C. § 9114"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9114"
heading: "Antitrust review"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9114"
units:
  - "Chapter 99 — Ocean Thermal Energy Conversion"
  - "Subchapter I — Regulation of Ocean Thermal Energy Conversion Facilities and Plantships"
---

# §9114. Antitrust review

- (a) **Review of applications by Attorney General—** Whenever any [application](/usc/42/9102.md?p=4) for issuance, transfer, or renewal of any license is received, the [Administrator](/usc/42/9102.md?p=2) shall transmit promptly to the Attorney General a complete copy of such [application](/usc/42/9102.md?p=4). Within 90 days of the receipt of the [application](/usc/42/9102.md?p=4), the Attorney General shall conduct such antitrust review of the [application](/usc/42/9102.md?p=4) as he deems appropriate, and submit to the [Administrator](/usc/42/9102.md?p=2) any advice or recommendations he deems advisable to avoid any action upon such [application](/usc/42/9102.md?p=4) by the [Administrator](/usc/42/9102.md?p=2) which would create a situation inconsistent with the [antitrust laws](/usc/42/9102.md?p=3). If the Attorney General fails to file such views within the 90-day period, the [Administrator](/usc/42/9102.md?p=2) shall proceed as if such views had been received. The [Administrator](/usc/42/9102.md?p=2) shall not issue, transfer, or renew the license during the 90-day period, except upon written confirmation by the Attorney General that he does not intend to submit any further advice or recommendation on the [application](/usc/42/9102.md?p=4) during such period.
- (b) **Issuance of license as constituting no defense for antitrust violations—** The issuance of a license under this chapter shall not be admissible in any way as a defense to any civil or criminal action for [violation](/usc/42/2000e–16a.md?p=c) of the [antitrust laws](/usc/42/9102.md?p=3) of the United States, nor shall it in any way modify or abridge any private right of action under such laws. Nothing in this section shall be construed to bar the Attorney General or the Federal Trade Commission from challenging any anticompetitive situation involved in the ownership, [construction](/usc/42/9102.md?p=6), or operation of an [ocean thermal energy conversion facility](/usc/42/9102.md?p=11) or [plantship](/usc/42/9102.md?p=13).

## Source credit

(Pub. L. 96–320, title I, § 104, Aug. 3, 1980, 94 Stat. 983.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.