
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9114]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
 SUBCHAPTER I--REGULATION OF OCEAN THERMAL ENERGY CONVERSION FACILITIES 
                             AND PLANTSHIPS
 
Sec. 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.

(Pub. L. 96-320, title I, Sec. 104, Aug. 3, 1980, 94 Stat. 983.)

                       References in Text

    The ``antitrust laws'', referred to in text, are classified 
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade.

                  Section Referred to in Other Sections

    This section is referred to in section 9111 of this title.
