![U.S. Department of Justice Seal](seal.gif) |
U.S. Department of Justice
Antitrust Division
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Washington, D.C. 20530-0001
12/17/2007
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MEMORANDUM FOR THE ATTORNEY GENERAL
THROUGH: | | THE ACTING DEPUTY ATTORNEY GENERAL |
CSM/John Roth 3/3/08
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THROUGH: | | THE ACTING ASSOCIATE ATTORNEY GENERAL |
Gregory Katsas 1/25/08
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FROM: | | Thomas O. Barnett TOB
Assistant Attorney General
Antitrust Division
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SUBJECT: | | Delegation of Authority Under the International Antitrust
Enforcement Assistance Act of 1994 ("IAEAA"), 15 U.S.C. §
6201 et seq.
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PURPOSE: | | To obtain the delegation to the Assistant Attorney General,
Antitrust Division of the Attorney General's authority under the
IAEAA to make and respond to requests for legal assistance in
international antitrust investigations.
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TIMETABLE: | | 4 Weeks.
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SYNOPSIS: | | The IAEAA grants the Attorney General the authority to request
assistance and evidence from, and to provide assistance and
evidence to, foreign antitrust enforcement authorities in
international antitrust investigations. Delegation of this authority
to the Assistant Attorney General, Antitrust Division would
enhance efficient implementation of the IAEAA.
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DISCUSSION: | | The IAEAA enables the Attorney General and FTC to enter into
antitrust mutual assistance agreements with foreign governments.
These agreements authorize the mutual assistance of U.S. and
foreign enforcement agencies in the gathering of evidence relevant
to possible antitrust violations, as well as the sharing of
information that would otherwise be prohibited as a result of U.S.
and foreign confidentiality requirements. The Office of Legal
Counsel has previously opined that the general delegation of
authority to the Antitrust Division to enforce the antitrust laws (28
C.F.R. § 0.40(a)) includes the authority to make requests for
assistance in criminal antitrust investigations under antitrust
mutual assistance agreements. However, that opinion was focused
on a request in a criminal antitrust matter and the IAEAA also
extends to civil requests. In addition, that opinion was focused on
making a request and not on responding to a request from another
country for antitrust assistance. A delegation would clarify that the
Assistant Attorney General, Antitrust Division is able to carry out
all appropriate functions under the IAEAA. Because of the close
relationship between the implementation of the IAEAA and
effective coordination and cooperation between U.S. and foreign
antitrust authorities, the Attorney General's authority both to make
and respond to requests under the IAEAA should be delegated
expressly to the Assistant Attorney General, Antitrust Division.
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RECOMMENDATION: | | The Attorney General should delegate to the Assistant Attorney
General, Antitrust Division his authority under the IAEAA to make
and respond to requests for assistance in international antitrust
investigations. |
APPROVE: _______________/s/________________
Michael B. Mukasey
Dated : May 22, 2008
Disapprove:_______________________________
Other:_______________________________
| Concurring Components:
OLP: _______________/s/________________
Elisebeth Collins Cook
OLC: ______________/s/_____1/15/08______
Steven G. Bradbury
CRM: _______________/s/_____2/20/08____
Bruce C. Swartz |
Attachments
![U.S. Department of Justice Seal](seal.gif) | Office of the Attorney General
Washington, D.C. |
ORDER NO. 2965-2008
DELEGATION OF AUTHORITY TO REQUEST AND PROVIDE ASSISTANCE AND
EVIDENCE IN INTERNATIONAL ANTITRUST INVESTIGATIONS UNDER MUTUAL
ASSISTANCE AGREEMENTS WITH FOREIGN ANTITRUST AUTHORITIES ENTERED
INTO PURSUANT TO THE INTERNATIONAL ANTITRUST ENFORCEMENT
ASSISTANCE ACT
By virtue of the authority vested in the Attorney General by 28 U.S.C. § 510 and 15
U.S.C. § 6201, I hereby delegate to the Assistant Attorney General in charge of the Antitrust
Division my authority to request assistance and evidence from, and provide assistance and
evidence to, foreign antitrust authorities with which the United States has entered into an
antitrust mutual assistance agreement under Chapter 88 of Title 15 of the United States Code.
The antitrust evidence subject to this delegation may be requested or provided to assist
United States or foreign antitrust authorities in determining whether a person has violated or is
about to violate any of the antitrust laws administered by such authorities or in enforcing any of
such antitrust laws.
May 22, 2008
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_______________/s/________________
Michael B. Mukasey
Attorney General
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