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The Australian-United States Agreement on Cooperation in Antitrust Matters

Published online by Cambridge University Press:  27 February 2017

Marian Nash Leich
Marian Nash Leich*
Affiliation:
Department of State
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Type
Current Developments
Information
American Journal of International Law , Volume 76 , Issue 4 , October 1982 , pp. 866 - 867
Copyright
Copyright © American Society of International Law 1982

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References

1 Dept. of Justice news release, June 29, 1982.

Article 3 of the Agreement, “Confidentiality,” reads:

Documents and information provided by either Party in the course of notification or consultations under this Agreement shall be treated confidentially by the receiving Party unless the providing Party consents to disclosure or disclosure is compelled by law. The Government of the United States shall not, without the consent of the Government of Australia, use information or documents provided by the Government of Australia in the course of notification or consultations under this Agreement as evidence in any judicial or administrative proceeding under United States antitrust laws. The Government of the United States shall not, however, be foreclosed from pursuing an investigation of any conduct which is the subject of notification or consultations, or from initiating a proceeding based on evidence obtained from sources other than the Government of Australia.

For other U.S. antitrust cooperative arrangements currently in effect, see, as to Canada, 6 M. Whiteman, Digest of International Law 159-60 (1968) and Dept. of Justice news release, Nov. 3, 1969 (to be found also at Dept. of State File No. INCO 15-1 CAN); as to the Federal Republic of Germany, Agreement between the Government of the United States of America and the Government of the Federal Republic of Germany Relating to Mutual Cooperation Regarding Restrictive Business Practices, signed at Bonn June 23, 1976, TIAS No. 8291, 27 UST 1956.