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(ii) Meetings of bodies created by the International Energy Agency established by the international

energy program need not be open to interested persons and need not be initiated and chaired by a regular fulltime Federal employee.

(iii) The President, in consultation with the Administrator, the Secretary of State, and the Attorney

General, may determine that a meeting held to develop or

carry out an agreement shall not be open to the public

and that attendance may be limited, if the President finds 11 that a wider disclosure would be detrimental to the for

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eign policy interests of the United States. A meeting

which is held to develop a voluntary agreement and which is not open to the public shall not be considered as a meeting "in a course of developing a voluntary agreement"; no action taken in such a meeting shall be considered to be a "voluntary agreement authorized and approved in accordance with this section" as such term is used in subsections (f) (1) (A) and (k) of this sec

tion; and subsections (f) and (k) shall not apply to such

an agreement; unless the terms of such agreement are wholly disclosed in a meeting which is not closed to the

public. The terms of any such agreement shall not be

amplified, modified, or construed by reference to any action taken in such a closed meeting.

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(B) No meetings may be held to develop or carry out a voluntary agreement under this section, unless a regular full-time Federal employee is present.

(2) Interested persons permitted to attend such a meeting shall be afforded an opportunity to present in writing and orally, data, views, and arguments at such meetings.

(3) A verbatim transcript (or if keeping a verbatim transcript is not feasible, full and complete minutes) shall be kept of any meeting held or communication made, between or among persons who are or may become parties to a voluntary agreement under this section, to develop or carry out such an agreement. Such minutes or transcript shall be deposited, together with any agreement resulting therefrom, with the Administrator, and shall be available to the Attorney General and the Federal Trade Commission. Such transcripts or minutes and agreements shall be available for public inspection and copying, except as otherwise provided (A) in sections 552 (b)(1), (b)(3),

and so much of (b) (4) as relates to trade secrets, of title

5, United States Code, or (B) pursuant to a determi

nation by the President, in consultation with the Secre

tary of State, the Administrator, and the Attorney General, that such disclosure would be detrimental to the

foreign policy interests of the United States.

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(4) No provision of this section may be exercised so as to prevent committees of Congress from attending

meetings to which this section applies, or from having

access to any transcripts, minutes, and agreements kept or made under this section.

(d) (1) The Attorney General and the Federal Trade 7 Commission shall be afforded an opportunity to participate 8 from the beginning in any meeting to develop or carry out 9 any voluntary agreement under this section. Each may pro10 pose any alternative which would avoid or overcome, to the 11 greatest extent practicable, possible anticompetitive effects 12 while achieving substantially the purposes of this Act. A vol13 untary agreement under this section may not be carried out 14 unless approved by the Attorney General, after consultation 15 with the Federal Trade Commission. Prior to the expiration 16 of the period determined under paragraph (2), the Federal 17 Trade Commission shall transmit to the Attorney General its views as to whether such an agreement should be approved, 19 and shall publish such views in the Federal Register. The At

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torney General, in consultation with the Federal Trade Com21 mission, the Secretary of State, and the Administrator, shall 22 have the right to review, amend, modify, disapprove, or re

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voke, on his own motion or upon the request of the Federal

Trade Commission or any interested person, any voluntary

agreement at any time, and, if revoked, thereby withdrawn

1 prospectively any immunity which may be conferred by sub

2 section (f) or (k) of this section.

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(2) Any voluntary agreement entered into pursuant to 4 this section shall be submitted in writing to the Attorney 5 General and the Federal Trade Commission 20 days before 6 being implemented (where it shall be made available for 7 public inspection and copying to the extent provided in the 8 last sentence of subsection (c)(3)); except that during an 9 international energy supply emergency, the Administrator, 10 subject to approval of the Attorney General, may reduce 11 such 20-day period. Any action taken pursuant to such vol12 untary agreement shall be reported to the Attorney General 13 and the Federal Trade Commission pursuant to such regu14 lations as shall be prescribed under subsections (e)(3) and 15 (e)(4).

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(e) (1) The Attorney General and the Federal Trade 17 Commission shall monitor the development and carrying out 18 of voluntary agreements authorized under this section in 19 order to promote competition and to prevent anticompetitive 20 practices and effects, while achieving substantially the purposes of this Act.

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(2) In addition to any requirement specified under sub

23 sections (b) and (c) of this section and in order to carry

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out the purposes of this section, the Attorney General, in

25 consultation with the Federal Trade Commission and the

1 Administrator, shall promulgate rules concerning the main

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tenance of necessary and appropriate records related to the

3 development and carrying out of voluntary agreements

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authorized pursuant to this section.

(3) Persons developing or carrying out voluntary agreements authorized pursuant to this section shall maintain 7 those records required by rules under paragraph (2). The 8 Attorney General and the Federal Trade Commission shall 9 have access to and the right to copy such records at reason10 able times and upon reasonable notice.

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(4) The Attorney General and the Federal Trade Com12 mission may each prescribe such rules as may be necessary

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or appropriate to carry out their respective responsibilities 14 under this section. They may both utilize for such purposes 15 and for purposes of enforcement any powers conferred upon 16 the Federal Trade Commission or the Department of Justice, or both, by the antitrust laws or the Antitrust Civil Process 18 Act; and wherever any such law refers to "the purposes of

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this Act" or like terms, the reference shall be understood to 20 be this section.

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(f) (1) There shall be available as a defense to any 22 civil or criminal action brought under the antitrust laws (or

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any similar State law) with respect to any action taken in 24 good faith to develop or carry out a voluntary agreement by

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