15 USC 3364 - Miscellaneous provisions

U.S Code last checked for updates: May 17, 2024

§ 3364.

Miscellaneous provisions

(a)

Information

(1)

Obtaining of information

In order to obtain information to carry out his authority under this part, the President may—

(A)

sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents;

(B)

require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information, and such answers shall be made within such reasonable period, and under oath or otherwise as the President may determine; and

(c)

 So in original. Probably should be “(C)”.

secure, upon request, any information from any Federal agency.

(2)

Enforcement of subpenas and orders

(b)

Reporting of prices and volumes

(c)

Presidential reports to Congress

(d)

Delegation of authorities

(e)

Antitrust protections

(1)

Defenses

There shall be available as a defense for any person to civil or criminal action brought for violation of the Federal antitrust laws (or any similar law of any State) with respect to any action taken, or meeting held, pursuant to any order of the President under section 3363(b), (c), (d), or (i) of this title, or any meeting held pursuant to a request of the President under section 3363(g) of this title, if—

(A)

such action was taken or meeting held solely for the purpose of complying with the President’s request or order;

(B)

such action was not taken for the purpose of injuring competition; and

(C)

any such meeting complied with the requirements of paragraph (2).

Persons interposing the defense provided by this subsection 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.

(2)

Requirements of meetings

With respect to any meeting held pursuant to a request by the President under section 3363(g) of this title or pursuant to an order under section 3363 of this title—

(A)

there shall be present at such meeting a full-time Federal employee designated for such purposes by the Attorney General;

(B)

a full and complete record of such meeting shall be taken and deposited, together with any agreements resulting therefrom, with the Attorney General, who shall make it available for public inspection and copying;

(C)

the Attorney General and the Federal Trade Commission shall have the opportunity to participate from the beginning in the development and carrying out of agreements and actions under section 3363 of this title, in order to propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anticompetitive effects while achieving substantially the purposes of section 3363 of this title and any order thereunder; and

(D)

such other procedures as may be specified by the President in such request or order shall be complied with.

(f)

Effect on certain contractual obligations

(g)

Preemption

(Pub. L. 95–621, title III, § 304, Nov. 9, 1978, 92 Stat. 3387.)

cite as: 15 USC 3364