Antitrust exemption

(a) In general It shall not be considered a violation of any provision of the antitrust laws for— (1) Two or more non-Federal entities to provide or exchange information or assistance relating to a covered artificial intelligence security risk in good faith for the exclusive purpose of a covered artificial intelligence security purpose; or (2) Two or more non-Federal entities to coordinate or enter into agreements for the exclusive purpose of reducing covered artificial intelligence security risks via delaying or otherwise limiting the release, deployment, use, development, training, testing, or evaluation of artificial intelligence, provided that the non-Federal entities submit to the Assistant Attorney General, before undertaking the proposed coordinated delay or limitation, written notice detailing the specific covered artificial intelligence security risk and the scope of the proposed restriction. (b) Limitation Subsection (a) shall not apply to a non-Federal entity receiving information or assistance unless the non-Federal entity uses such information or assistance for a covered artificial intelligence security purpose and has implemented reasonable internal controls to limit the extent to which such information or assistance can be used for other purposes. (c) Affirmative defense In any action or proceeding brought under the antitrust laws, the exemption provided under subsection (a) shall constitute an affirmative defense, and any non-Federal entity claiming the exemption shall bear the burden of proving by a preponderance of the evidence that the entity's actions were taken in good faith and for the exclusive purpose described in subsection (a). (d) Rule of construction (1) In general Subsection (a)(1) shall not be construed to permit price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information. (2) Private right of action Nothing in this Act shall be construed as limiting any private right of action with respect to any violation of the antitrust laws that are not exempt under this section. (e) Exemption from disclosure Any information submitted to the Assistant Attorney General pursuant to subsection (a)(2), including any written notice submitted under that subsection and any information derived from such submission that would reveal the substance of such submission, shall be— (1) used solely for the purpose of section 4; (2) deemed voluntarily shared information and exempt from disclosure under section 552 of title 5, United States Code; and (3) withheld, without discretion, from the public under section 552(b)(3) of title 5, United States Code.