Federal · Title 40 — Public Buildings, Property, and Works
40 U.S.C. § 559: Advice of Attorney General with respect to antitrust law
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the Sherman Act ( 15 U.S.C. 1 et seq.); the Clayton Act ( 15 U.S.C. 12 et seq., 29 U.S.C. 52 , 53); the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.); and sections 73 and 74 of the Wilson Tariff Act ( 15 U.S.C. 8 , 9). An executive agency shall not dispose of property to a private interest until the agency has received the advice of the Attorney General on whether the disposal to a private interest would tend to create or maintain a situation inconsistent with antitrust law. real property, if the estimated fair market value is less than $3,000,000; or personal property (other than a patent, process, technique, or invention), if the estimated fair market value is less than $3,000,000. An executive agency that contemplates disposing of property to a private interest shall promptly transmit notice of the proposed disposal, including probable terms and conditions, to the Attorney General. Except for the General Services Administration, an executive agency that transmits notice under paragraph (1) shall simultaneously transmit a copy of the notice to the Administrator of General Services. Within a reasonable time, not later than 60 days, after receipt of notice under subsection (c), the Attorney General shall advise the Administrator and any interested executive agency whether, so far as the Attorney General can determine, the proposed disposition would tend to create or maintain a situation inconsistent with antitrust law. give advice required by this section; or determine whether any other disposition or proposed disposition of surplus property violates antitrust law. This subtitle does not impair, amend, or modify antitrust law or limit or prevent application of antitrust law to a person acquiring property under this subtitle.
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