Contents
- (a) Immunity from civil and criminal liability or defense to action under antitrust laws; exceptions2 changes
- (b) Definitions3 changes
- (c) Prerequisites for agreements and plans of action; delegation of authority to Presidential designees5 changes
- (d) Advisory committees; establishment; applicable provisions; membership; notice and participation in meetings; verbatim transcript; availability to public4 changes
- (e) Rules; promulgation by Presidential designees; consultation by Attorney General with Chairman of Federal Trade Commission; approval of Attorney General; procedures; incorporation of standards and procedures for development of agreements and plans of action6 changes
- (f) Commencement of agreements and plans of action; expiration date; extensions6 changes
- (g) Monitoring of agreements and plans of action by Attorney General and Chairman of Federal Trade Commission2 changes
- (h) Required provisions of rules for implementation of agreements and plans of action7 changes
- (i) Rules; promulgation by Attorney General and Chairman of Federal Trade Commission
- (j) Defenses1 change
- (k) Surveys and studies by Attorney General and Federal Trade Commission; content; annual report to Congress and President by Attorney General1 change
- (l) Annual report to Congress and President by Presidential designees; contents1 change
- (m) Jurisdiction to enjoin statutory exemption or suspension and order for production of transcripts, etc.; procedures
- (n) Exemption from chapter 10 of title 52 changes
- (o) Preemption of contract law in emergencies
(e)
(1)The individual or individuals referred to in subsection (c)(2) shall, after approval of the Attorney General, after consultation by the Attorney General with the Chairman of the Federal Trade Commission, promulgate rules, in accordance with section 553 of title 5, incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out.
(2)In addition to the requirements of section 553 of title 5—
(A)general notice of the proposed rulemaking referred to in paragraph (1) shall be published in the Federal Register, and such notice shall include—
(i)a statement of the time, place, and nature of the proposed rulemaking proceedings;
(ii)reference to the legal authority under which the rule is being proposed; and
(iii)either the terms of substance of the proposed rule or a description of the subjects and issues involved;
(B)the required publication of a rule shall be made not less than thirty days before its effective date; and
(C)the individual or individuals referred to in paragraph (1) shall give interested persons the right to petition for the issuance, amendment, or repeal of a rule.
(3)The rules promulgated pursuant to this subsection incorporating standards and procedures by which voluntary agreements may be developed shall provide, among other things, that—
(A)such agreements shall be developed at meetings which include—
(i)the Attorney General or his delegate,
(ii)the Chairman of the Federal Trade Commission or his delegate, and
(iii)an individual designated by the President in subsection (c)(2) or his delegate,
and which are chaired by the individual referred to in clause (iii);
(B)at least seven days prior to any such meeting, notice of the time, place, and nature of the meeting shall be published in the Federal Register;
(C)interested persons may submit written data and views concerning the proposed voluntary agreement, with or without opportunity for oral presentation;
(D)interested persons may attend any such meeting unless the individual designated by the President in subsection (c)(2) finds that the matter or matters to be discussed at such meeting falls within the purview of matters described in section 552b(c) of title 5;
(E)a full and verbatim transcript shall be made of any such meeting and shall be transmitted by the chairman of the meeting to the Attorney General and to the Chairman of the Federal Trade Commission;
(F)any voluntary agreement resulting from the meetings shall be transmitted by the chairman of the meetings to the Attorney General, the Chairman of the Federal Trade Commission, and the Congress; and
(G)any transcript referred to in subparagraph (E) and any voluntary agreement referred to in subparagraph (F) shall be available for public inspection and copying, subject to paragraphs (1), (3), and (4) of section 552(b) of title 5.
United States Government work; public domain under 17 U.S.C. § 105.