42 U.S.C. § 9114 : US Code - Section 9114: Antitrust review

Search 42 U.S.C. § 9114 : US Code - Section 9114: Antitrust review

(a) Review of applications by Attorney General
Whenever any application for issuance, transfer, or renewal of
any license is received, the Administrator shall transmit promptly
to the Attorney General a complete copy of such application. Within
90 days of the receipt of the application, the Attorney General
shall conduct such antitrust review of the application as he deems
appropriate, and submit to the Administrator any advice or
recommendations he deems advisable to avoid any action upon such
application by the Administrator which would create a situation
inconsistent with the antitrust laws. If the Attorney General fails
to file such views within the 90-day period, the Administrator
shall proceed as if such views had been received. The Administrator
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 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 of the antitrust laws 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, or operation of an ocean thermal energy conversion
facility or plantship.