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15 USC CHAPTER 34 - ANTITRUST CIVIL PROCESS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 34 - ANTITRUST CIVIL PROCESS

.

-HEAD-

CHAPTER 34 - ANTITRUST CIVIL PROCESS

-MISC1-

Sec.

1311. Definitions.

1312. Civil investigative demands.

(a) Issuance; service; production of material;

testimony.

(b) Contents; return date for demand for product of

discovery.

(c) Protected material or information; demand for

product of discovery superseding disclosure

restrictions except trial preparation

materials.

(d) Service; jurisdiction.

(e) Service upon legal entities and natural persons.

(f) Proof of service.

(g) Sworn certificates.

(h) Interrogatories.

(i) Oral examinations.

1313. Custodian of documents, answers and transcripts.

(a) Designation.

(b) Production of materials.

(c) Responsibility for materials; disclosure.

(d) Use of investigative files.

(e) Return of material to producer.

(f) Appointment of successor custodians.

1314. Judicial proceedings.

(a) Petition for enforcement; venue.

(b) Petition for order modifying or setting aside

demand; time for petition; suspension of time

allowed for compliance with demand during

pendency of petition; grounds for relief.

(c) Petition for order modifying or setting aside

demand for production of product of discovery;

grounds for relief; stay of compliance with

demand and of running of time allowed for

compliance with demand.

(d) Petition for order requiring performance by

custodian of duties; venue.

(e) Jurisdiction; appeal; contempts.

(f) Applicability of Federal Rules of Civil

Procedure.

(g) Disclosure exemption.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 18a of this title; title

18 sections 1505, 1905; title 42 section 6272; title 44 section

3518; title 46 App. section 1702.

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15 USC Sec. 1311 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 34 - ANTITRUST CIVIL PROCESS

-HEAD-

Sec. 1311. Definitions

-STATUTE-

For the purposes of this chapter -

(a) The term ''antitrust law'' includes:

(1) Each provision of law defined as one of the antitrust

laws by section 12 of this title; and

(2) Any statute enacted on and after September 19, 1962, by

the Congress which prohibits, or makes available to the United

States in any court of the United States any civil remedy with

respect to any restraint upon or monopolization of interstate

or foreign trade or commerce;

(b) The term ''antitrust order'' means any final order, decree,

or judgment of any court of the United States, duly entered in

any case or proceeding arising under any antitrust law;

(c) The term ''antitrust investigation'' means any inquiry

conducted by any antitrust investigator for the purpose of

ascertaining whether any person is or has been engaged in any

antitrust violation or in any activities in preparation for a

merger, acquisition, joint venture, or similar transaction,

which, if consummated, may result in an antitrust violation;

(d) The term ''antitrust violation'' means any act or omission

in violation of any antitrust law, any antitrust order or, with

respect to the International Antitrust Enforcement Assistance Act

of 1994 (15 U.S.C. 6201 et seq.), any of the foreign antitrust

laws;

(e) The term ''antitrust investigator'' means any attorney or

investigator employed by the Department of Justice who is charged

with the duty of enforcing or carrying into effect any antitrust

law;

(f) The term ''person'' means any natural person, partnership,

corporation, association, or other legal entity, including any

person acting under color or authority of State law;

(g) The term ''documentary material'' includes the original or

any copy of any book, record, report, memorandum, paper,

communication, tabulation, chart, or other document, and any

product of discovery;

(h) The term ''custodian'' means the custodian or any deputy

custodian designated under section 1313(a) of this title;

(i) The term ''product of discovery'' includes without

limitation the original or duplicate of any deposition,

interrogatory, document, thing, result of the inspection of land

or other property, examination, or admission obtained by any

method of discovery in any judicial litigation or in any

administrative litigation of an adversarial nature; any digest,

analysis, selection, compilation, or any derivation thereof; and

any index or manner of access thereto; and

(j) The term ''agent'' includes any person retained by the

Department of Justice in connection with the enforcement of the

antitrust laws.

(k) The term ''foreign antitrust laws'' has the meaning given

such term in section 12 of the International Antitrust

Enforcement Assistance Act of 1994 (15 U.S.C. 6211).

-SOURCE-

(Pub. L. 87-664, Sec. 2, Sept. 19, 1962, 76 Stat. 548; Pub. L.

94-435, title I, Sec. 101, Sept. 30, 1976, 90 Stat. 1383; Pub. L.

96-349, Sec. 2(a), 7(a)(1), Sept. 12, 1980, 94 Stat. 1154, 1158;

Pub. L. 103-438, Sec. 3(e)(1)(A), Nov. 2, 1994, 108 Stat. 4598.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in opening phrase, was in the original

''this Act'', meaning Pub. L. 87-664, which is classified generally

to this chapter. For complete classification of this Act to the

Code, see Short Title note below and Tables.

The International Antitrust Enforcement Assistance Act of 1994,

referred to in subsec. (d), is Pub. L. 103-438, Nov. 2, 1994, 108

Stat. 4597, which is classified principally to chapter 88 (Sec.

6201 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 6201 of

this title and Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-438, Sec. 3(e)(1)(A)(i),

substituted '', any'' for ''or any'' and inserted before semicolon

at end ''or, with respect to the International Antitrust

Enforcement Assistance Act of 1994, any of the foreign antitrust

laws''.

Subsec. (k). Pub. L. 103-438, Sec. 3(e)(1)(A)(ii), added subsec.

(k).

1980 - Subsec. (g). Pub. L. 96-349, Sec. 2(a)(1), extended

definition of ''documentary material'' to include any product of

discovery.

Subsec. (h). Pub. L. 96-349, Sec. 2(a)(2), substituted a

semicolon for period at end.

Subsec. (i). Pub. L. 96-349, Sec. 2(a)(3), added subsec. (i).

Subsec. (j). Pub. L. 96-349, Sec. 7(a)(1), added subsec. (j).

1976 - Subsec. (a). Pub. L. 94-435, Sec. 101(1), in par. (1)

inserted ''and'' after semicolon preceding par. (2), struck out

par. (2) which included the Federal Trade Commission Act in

definition of antitrust law for purposes of this chapter,

redesignated par. (3) as (2), struck out ''(A)'' before ''any

restraint'', and struck out subpar. (B) which related to any unfair

trade practice in or affecting interstate or foreign trade or

commerce.

Subsec. (c). Pub. L. 94-435, Sec. 101(2), inserted ''or in any

activities in preparation for a merger, acquisition, joint venture,

or similar transaction, which if consummated, may result in an

antitrust violation;'' after ''engaged in any antitrust

violation''.

Subsec. (f). Pub. L. 94-435, Sec. 101(3), included ''any natural

person'' and ''any person acting under color or authority of State

law'' in definition of ''person''.

Subsec. (h). Pub. L. 94-435, Sec. 101(4), substituted ''the

custodian'' for ''the antitrust document custodian''.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 106 of Pub. L. 94-435 provided that: ''The amendments to

the Antitrust Civil Process Act (see section 1 of Pub. L. 87-664

set out as a Short Title note under this section) and to section

1505 of title 18, United States Code, made by this title (title I

of Pub. L. 94-435) shall take effect on the date of enactment of

this Act (Sept. 30, 1976), except section 3(i)(8) of the Antitrust

Civil Process Act (section 1312(i)(8) of this title) (as amended by

this Act) shall take effect on the later of (1) the date of

enactment of this Act (Sept. 30, 1976), or (2) October 1, 1976. Any

such amendment which provides for the production of documentary

material, answers to interrogatories, or oral testimony shall apply

to any act or practice without regard to the date on which it

occurred.''

SHORT TITLE OF 1980 AMENDMENT

Section 1 of Pub. L. 96-349 provided: ''That this Act (amending

sections 15, 15a, 15c, 16, 18, and 1311 to 1314 of this title,

section 1905 of Title 18, Crimes and Criminal Procedure, and

section 1927 of Title 28, Judiciary and Judicial Procedure, and

enacting provisions set out as notes under sections 15, 16, and 18

of this title) may be cited as the 'Antitrust Procedural

Improvements Act of 1980'.''

SHORT TITLE

Section 1 of Pub. L. 87-664 provided: ''That this Act (enacting

this chapter and amending section 1505 of Title 18, Crimes and

Criminal Procedure) may be cited as the 'Antitrust Civil Process

Act'.''

SAVINGS PROVISION

Section 7 of Pub. L. 87-664 provided that: ''Nothing contained in

this Act (see Short Title note above) shall impair the authority of

the Attorney General, the Assistant Attorney General in charge of

the Antitrust Division of the Department of Justice, or any

antitrust investigator to (a) lay before any grand jury impaneled

before any district court of the United States any evidence

concerning any alleged antitrust violation, (b) invoke the power of

any such court to compel the production of any evidence before any

such grand jury, or (c) institute any proceeding for the

enforcement of any order or process issued in execution of such

power, or to punish disobedience of any such order of process by

any person, including a natural person.''

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15 USC Sec. 1312 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 34 - ANTITRUST CIVIL PROCESS

-HEAD-

Sec. 1312. Civil investigative demands

-STATUTE-

(a) Issuance; service; production of material; testimony

Whenever the Attorney General, or the Assistant Attorney General

in charge of the Antitrust Division of the Department of Justice,

has reason to believe that any person may be in possession,

custody, or control of any documentary material, or may have any

information, relevant to a civil antitrust investigation or, with

respect to the International Antitrust Enforcement Assistance Act

of 1994 (15 U.S.C. 6201 et seq.), an investigation authorized by

section 3 of such Act (15 U.S.C. 6202), he may, prior to the

institution of a civil or criminal proceeding by the United States

thereon, issue in writing, and cause to be served upon such person,

a civil investigative demand requiring such person to produce such

documentary material for inspection any copying or reproduction, to

answer in writing written interrogatories, to give oral testimony

concerning documentary material or information, or to furnish any

combination of such material, answers, or testimony. Whenever a

civil investigative demand is an express demand for any product of

discovery, the Attorney General or the Assistant Attorney General

in charge of the Antitrust Division shall cause to be served, in

any manner authorized by this section, a copy of such demand upon

the person from whom the discovery was obtained and notify the

person to whom such demand is issued of the date on which such copy

was served.

(b) Contents; return date for demand for product of discovery

Each such demand shall -

(1) state the nature of -

(A) the conduct constituting the alleged antitrust violation,

or

(B) the activities in preparation for a merger, acquisition,

joint venture, or similar transaction, which, if consummated,

may result in an antitrust violation,

which are under investigation and the provision of law applicable

thereto;

(2) if it is a demand for production of documentary material -

(A) describe the class or classes of documentary material to

be produced thereunder with such definiteness and certainty as

to permit such material to be fairly identified;

(B) prescribe a return date or dates which will provide a

reasonable period of time within which the material so demanded

may be assembled and made available for inspection and copying

or reproduction; and

(C) identify the custodian to whom such material shall be

made available; or

(3) if it is a demand for answers to written interrogatories -

(A) propound with definiteness and certainty the written

interrogatories to be answered;

(B) prescribe a date or dates at which time answers to

written interrogatories shall be submitted; and

(C) identify the custodian to whom such answers shall be

submitted; or

(4) if it is a demand for the giving of oral testimony -

(A) prescribe a date, time, and place at which oral testimony

shall be commenced; and

(B) identify an antitrust investigator who shall conduct the

examination and the custodian to whom the transcript of such

examination shall be submitted.

Any such demand which is an express demand for any product of

discovery shall not be returned or returnable until twenty days

after a copy of such demand has been served upon the person from

whom the discovery was obtained.

(c) Protected material or information; demand for product of

discovery superseding disclosure restrictions except trial

preparation materials

(1) No such demand shall require the production of any

documentary material, the submission of any answers to written

interrogatories, or the giving of any oral testimony, if such

material, answers, or testimony would be protected from disclosure

under -

(A) the standards applicable to subpenas or subpenas duces

tecum issued by a court of the United States in aid of a grand

jury investigation, or

(B) the standards applicable to discovery requests under the

Federal Rules of Civil Procedure, to the extent that the

application of such standards to any such demand is appropriate

and consistent with the provisions and purposes of this chapter.

(2) Any such demand which is an express demand for any product of

discovery supersedes any inconsistent order, rule, or provision of

law (other than this chapter) preventing or restraining disclosure

of such product of discovery to any person. Disclosure of any

product of discovery pursuant to any such express demand does not

constitute a waiver of any right or privilege, including without

limitation any right or privilege which may be invoked to resist

discovery of trial preparation materials, to which the person

making such disclosure may be entitled.

(d) Service; jurisdiction

(1) Any such demand may be served by any antitrust investigator,

or by any United States marshal or deputy marshal, at any place

within the territorial jurisdiction of any court of the United

States.

(2) any such demand or any petition filed under section 1314 of

this title may be served upon any person who is not to be found

within the territorial jurisdiction of any court of the United

States, in such manner as the Federal Rules of Civil Procedure

prescribe for service in a foreign country. To the extent that the

courts of the United States can assert jurisdiction over such

person consistent with due process, the United States District

Court for the District of Columbia shall have the same jurisdiction

to take any action respecting compliance with this chapter by such

person that such court would have if such person were personally

within the jurisdiction of such court.

(e) Service upon legal entities and natural persons

(1) Service of any such demand or of any petition filed under

section 1314 of this title may be made upon a partnership,

corporation, association, or other legal entity by -

(A) delivering a duly executed copy thereof to any partner,

executive officer, managing agent, or general agent thereof, or

to any agent thereof authorized by appointment or by law to

receive service of process on behalf of such partnership,

corporation, association, or entity;

(B) delivering a duly executed copy thereof to the principal

office or place of business of the partnership, corporation,

association, or entity to be served; or

(C) depositing such copy in the United States mails, by

registered or certified mail, return receipt requested, duly

addressed to such partnership, corporation, association, or

entity at its principal office or place of business.

(2) Service of any such demand or of any petition filed under

section 1314 of this title may be made upon any natural person by -

(A) delivering a duly executed copy thereof to the person to be

served; or

(B) depositing such copy in the United States mails by

registered or certified mail, return receipt requested, duly

addressed to such person at his residence or principal office or

place of business.

(f) Proof of service

A verified return by the individual serving any such demand or

petition setting forth the manner of such service shall be proof of

such service. In the case of service by registered or certified

mail, such return shall be accompanied by the return post office

receipt of delivery of such demand.

(g) Sworn certificates

The production of documentary material in response to a demand

served pursuant to this section shall be made under a sworn

certificate, in such form as the demand designates, by the person,

if a natural person, to whom the demand is directed or, if not a

natural person, by a person or persons having knowledge of the

facts and circumstances relating to such production, to the effect

that all of the documentary material required by the demand and in

the possession, custody, or control of the person to whom the

demand is directed has been produced and made available to the

custodian.

(h) Interrogatories

Each interrogatory in a demand served pursuant to this section

shall be answered separately and fully in writing under oath,

unless it is objected to, in which event the reasons for the

objection shall be stated in lieu of an answer, and it shall be

submitted under a sworn certificate, in such form as the demand

designates, by the person, if a natural person, to whom the demand

is directed or, if not a natural person, by a person or persons

responsible for answering each interrogatory, to the effect that

all information required by the demand and in the possession,

custody, control, or knowledge of the person to whom the demand is

directed has been submitted.

(i) Oral examinations

(1) The examination of any person pursuant to a demand for oral

testimony served under this section shall be taken before an

officer authorized to administer oaths and affirmations by the laws

of the United States or of the place where the examination is

held. The officer before whom the testimony is to be taken shall

put the witness on oath or affirmation and shall personally, or by

someone acting under his direction and in his presence, record the

testimony of the witness. The testimony shall be taken

stenographically and transcribed. When the testimony is fully

transcribed, the officer before whom the testimony is taken shall

promptly transmit a copy of the transcript of the testimony to the

custodian.

(2) The antitrust investigator or investigators conducting the

examination shall exclude from the place where the examination is

held all other persons except the person being examined, his

counsel, the officer before whom the testimony is to be taken, and

any stenographer taking such testimony. The provisions of section

30 (FOOTNOTE 1) of this title shall not apply to such examinations.

(FOOTNOTE 1) See References in Text note below.

(3) The oral testimony of any person taken pursuant to a demand

served under this section shall be taken in the judicial district

of the United States within which such person resides, is found, or

transacts business, or in such other place as may be agreed upon by

the antitrust investigator conducting the examination and such

person.

(4) When the testimony is fully transcribed, the antitrust

investigator or the officer shall afford the witness (who may be

accompanied by counsel) a reasonable opportunity to examine the

transcript; and the transcript shall be read to or by the witness,

unless such examination and reading are waived by the witness. Any

changes in form or substance which the witness desires to make

shall be entered and identified upon the transcript by the officer

or the antitrust investigator with a statement of the reasons given

by the witness for making such changes. The transcript shall then

be signed by the witness, unless the witness in writing waives the

signing, is ill, cannot be found, or refuses to sign. If the

transcript is not signed by the witness within thirty days of his

being afforded a reasonable opportunity to examine it, the officer

or the antitrust investigator shall sign it and state on the record

the fact of the waiver, illness, absence of the witness, or the

refusal to sign, together with the reason, if any, given therefor.

(5) The officer shall certify on the transcript that the witness

was duly sworn by him and that the transcript is a true record of

the testimony given by the witness, and the officer or antitrust

investigator shall promptly deliver it or send it by registered or

certified mail to the custodian.

(6) Upon payment of reasonable charges therefor, the antitrust

investigator shall furnish a copy of the transcript to the witness

only, except that the Assistant Attorney General in charge of the

Antitrust Division may for good cause limit such witness to

inspection of the official transcript of his testimony.

(7)(A) Any person compelled to appear under a demand for oral

testimony pursuant to this section may be accompanied, represented,

and advised by counsel. Counsel may advise such person, in

confidence, either upon the request of such person or upon

counsel's own initiative, with respect to any question asked of

such person. Such person or counsel may object on the record to

any question, in whole or in part, and shall briefly state for the

record the reason for the objection. An objection may properly be

made, received, and entered upon the record when it is claimed that

such person is entitled to refuse to answer the question on grounds

of any constitutional or other legal right or privilege, including

the privilege against self-incrimination. Such person shall not

otherwise object to or refuse to answer any question, and shall not

by himself or through counsel otherwise interrupt the oral

examination. If such person refuses to answer any question, the

antitrust investigator conducting the examination may petition the

district court of the United States pursuant to section 1314 of

this title for an order compelling such person to answer such

question.

(B) If such person refuses to answer any question on grounds of

the privilege against self-incrimination, the testimony of such

person may be compelled in accordance with the provisions of Part V

of title 18.

(8) Any person appearing for oral examination pursuant to a

demand served under this section shall be entitled to the same fees

and mileage which are paid to witnesses in the district courts of

the United States.

-SOURCE-

(Pub. L. 87-664, Sec. 3, Sept. 19, 1962, 76 Stat. 548; Pub. L.

94-435, title I, Sec. 102, Sept. 30, 1976, 90 Stat. 1384; Pub. L.

96-349, Sec. 2(b)(1)-(3), Sept. 12, 1980, 94 Stat. 1154; Pub. L.

103-438, Sec. 3(e)(1)(B), Nov. 2, 1994, 108 Stat. 4598.)

-REFTEXT-

REFERENCES IN TEXT

The International Antitrust Enforcement Assistance Act of 1994,

referred to in subsec. (a), is Pub. L. 103-438, Nov. 2, 1994, 108

Stat. 4597, which is classified principally to chapter 88 (Sec.

6201 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 6201 of

this title and Tables.

This chapter, referred to in subsecs. (c)(1)(B), (2) and (d), was

in the original ''this Act'', meaning Pub. L. 87-664, which is

classified generally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

1311 of this title and Tables.

Section 30 of this title, referred to in subsec. (i)(2), was

repealed by Pub. L. 107-273, div. C, title IV, Sec. 14102(f), Nov.

2, 2002, 116 Stat. 1922.

-MISC2-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-438 inserted ''or, with respect

to the International Antitrust Enforcement Assistance Act of 1994,

an investigation authorized by section 3 of such Act'' after

''investigation'' and ''by the United States'' after

''proceeding''.

1980 - Subsec. (a). Pub. L. 96-349, Sec. 2(b)(1), inserted

provision for service and notice of a civil investigative demand

for any product of discovery.

Subsec. (b). Pub. L. 96-349, Sec. 2(b)(2), inserted provision

respecting time demand for product of discovery is returnable.

Subsec. (c). Pub. L. 96-349, Sec. 2(b)(3), designated existing

provisions as par. (1), redesignated as cls. (A) and (B) former

cls. (1) and (2), and added par. (2).

1976 - Subsec. (a). Pub. L. 94-435 struck out ''under

investigation'' before ''may be in possession'', inserted ''or may

have any information'' after ''any documentary material'', and

inserted provision requiring the production of documentary material

for inspection or reproduction, answers in writing to written

interrogatories, the giving of oral testimony concerning

documentary material or information, and the furnishing of any

combination of such material, answers, or testimony.

Subsec. (b). Pub. L. 94-435 restructured subsec. (b) and as so

restructured, in par. (1) inserted provisions of cl. (B), in par.

(2), added cls. (B) and (C), in par. (3) substituted provisions

relating to written interrogatories for provisions relating to

prescription of a return date for demanded material, and in par.

(4), substituted provisions relating to oral testimony for

provisions requiring a demand to identify the custodian to whom

demanded material shall be made available.

Subsec. (c). Pub. L. 94-435 inserted provision relating to the

submission of answers to written interrogatories and the giving of

oral testimony, struck out provisions of par. (1) relating to the

reasonableness requirement for demands for documentary material,

redesignated par. (2) as (1) and provided that protected status of

any information or material would be determined by standards

applicable in the case of a subpena or subpena duces tecum issued

by a court of the United States, and added par. (2).

Subsec. (d). Pub. L. 94-435 redesignated existing provisions as

par. (1) and added par. (2).

Subsec. (e). Pub. L. 94-435 redesignated existing provisions as

par. (1), inserted ''return receipt requested'' after ''certified

mail'' in par. (C), and added par. (2).

Subsecs. (g) to (i). Pub. L. 94-435 added subsecs. (g) to (i).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-435 effective Sept. 30, 1976, except

subsec. (i)(8) of this section effective Oct. 1, 1976, see section

106 of Pub. L. 94-435, set out as a note under section 1311 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1313, 1314, 4014 of this

title.

-CITE-

15 USC Sec. 1313 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 34 - ANTITRUST CIVIL PROCESS

-HEAD-

Sec. 1313. Custodian of documents, answers and transcripts

-STATUTE-

(a) Designation

The Assistant Attorney General in charge of the Antitrust

Division of the Department of Justice shall designate an antitrust

investigator to serve as custodian of documentary material, answers

to interrogatories, and transcripts of oral testimony received

under this chapter, and such additional antitrust investigators as

he shall determine from time to time to be necessary to serve as

deputies to such officer.

(b) Production of materials

Any person, upon whom any demand under section 1312 of this title

for the production of documentary material has been duly served,

shall make such material available for inspection and copying or

reproduction to the custodian designated therein at the principal

place of business of such person (or at such other place as such

custodian and such person thereafter may agree and prescribe in

writing or as the court may direct, pursuant to section 1314(d)

(FOOTNOTE 1) of this title) on the return date specified in such

demand (or on such later date as such custodian may prescribe in

writing). Such person may upon written agreement between such

person and the custodian substitute copies for originals of all or

any part of such material.

(FOOTNOTE 1) See References in Text note below.

(c) Responsibility for materials; disclosure

(1) The custodian to whom any documentary material, answers to

interrogatories, or transcripts of oral testimony are delivered

shall take physical possession thereof, and shall be responsible

for the use made thereof and for the return of documentary

material, pursuant to this chapter.

(2) The custodian may cause the preparation of such copies of

such documentary material, answers to interrogatories, or

transcripts of oral testimony as may be required for official use

by any duly authorized official, employee, or agent of the

Department of Justice under regulations which shall be promulgated

by the Attorney General. Notwithstanding paragraph (3) of this

subsection, such material, answers, and transcripts may be used by

any such official, employee, or agent in connection with the taking

of oral testimony pursuant to this chapter.

(3) Except as otherwise provided in this section, while in the

possession of the custodian, no documentary material, answers to

interrogatories, or transcripts of oral testimony, or copies

thereof, so produced shall be available for examination, without

the consent of the person who produced such material, answers, or

transcripts, and, in the case of any product of discovery produced

pursuant to an express demand for such material, of the person from

whom the discovery was obtained, by any individual other than a

duly authorized official, employee, or agent of the Department of

Justice. Nothing in this section is intended to prevent disclosure

to either body of the Congress or to any authorized committee or

subcommittee thereof.

(4) While in the possession of the custodian and under such

reasonable terms and conditions as the Attorney General shall

prescribe, (A) documentary material and answers to interrogatories

shall be available for examination by the person who produced such

material or answers, or by any duly authorized representative of

such person, and (B) transcripts of oral testimony shall be

available for examination by the person who produced such

testimony, or his counsel.

(d) Use of investigative files

(1) Whenever any attorney of the Department of Justice has been

designated to appear before any court, grand jury, or Federal

administrative or regulatory agency in any case or proceeding, the

custodian of any documentary material, answers to interrogatories,

or transcripts of oral testimony may deliver to such attorney such

material, answers, or transcripts for official use in connection

with any such case, grand jury, or proceeding as such attorney

determines to be required. Upon the completion of any such case,

grand jury, or proceeding, such attorney shall return to the

custodian any such material, answers, or transcripts so delivered

which have not passed into the control of such court, grand jury,

or agency through the introduction thereof into the record of such

case or proceeding.

(2) The custodian of any documentary material, answers to

interrogatories, or transcripts of oral testimony may deliver to

the Federal Trade Commission, in response to a written request,

copies of such material, answers, or transcripts for use in

connection with an investigation or proceeding under the

Commission's jurisdiction. Such material, answers, or transcripts

may only be used by the Commission in such manner and subject to

such conditions as apply to the Department of Justice under this

chapter.

(e) Return of material to producer

If any documentary material has been produced in the course of

any antitrust investigation by any person pursuant to a demand

under this chapter and -

(1) any case or proceeding before any court or grand jury

arising out of such investigation, or any proceeding before any

Federal administrative or regulatory agency involving such

material, has been completed, or

(2) no case or proceeding, in which such material may be used,

has been commenced within a reasonable time after completion of

the examination and analysis of all documentary material and

other information assembled in the course of such investigation,

the custodian shall, upon written request of the person who

produced such material, return to such person any such material

(other than copies thereof furnished to the custodian pursuant to

subsection (b) of this section or made by the Department of Justice

pursuant to subsection (c) of this section) which has not passed

into the control of any court, grand jury, or agency through the

introduction thereof into the record of such case or proceeding.

(f) Appointment of successor custodians

In the event of the death, disability, or separation from service

in the Department of Justice of the custodian of any documentary

material, answers to interrogatories, or transcripts of oral

testimony produced under any demand issued pursuant to this

chapter, or the official relief of such custodian from

responsibility for the custody and control of such material,

answers, or transcripts, the Assistant Attorney General in charge

of the Antitrust Division shall promptly (1) designate another

antitrust investigator to serve as custodian of such material,

answers, or transcripts, and (2) transmit in writing to the person

who produced such material, answers, or testimony notice as to the

identity and address of the successor so designated. Any successor

designated under this subsection shall have with regard to such

material, answers, or transcripts all duties and responsibilities

imposed by this chapter upon his predecessor in office with regard

thereto, except that he shall not be held responsible for any

default or dereliction which occurred prior to his designation.

-SOURCE-

(Pub. L. 87-664, Sec. 4, Sept. 19, 1962, 76 Stat. 549; Pub. L.

94-435, title I, Sec. 103, Sept. 30, 1976, 90 Stat. 1387; Pub. L.

96-349, Sec. 2(b)(4), 7(a)(2), Sept. 12, 1980, 94 Stat. 1155,

1158.)

-REFTEXT-

REFERENCES IN TEXT

Section 1314(d) of this title, referred to in subsec. (b), was

redesignated section 1314(e) of this title by Pub. L. 96-349.

This chapter, referred to in subsecs. (c), (e), and (f), was in

the original ''this Act'', meaning Pub. L. 87-664, which is

classified generally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

1311 of this title and Tables.

-MISC2-

AMENDMENTS

1980 - Subsec. (c)(2). Pub. L. 96-349, Sec. 7(a)(2), provided for

use of copies of documentary material by agents of the Department

of Justice, including use by such agents in connection with the

taking of oral testimony.

Subsec. (c)(3). Pub. L. 96-349, Sec. 2(b)(4), 7(a)(2), inserted

'', and, in the case of any product of discovery produced pursuant

to an express demand for such material, of the person from whom the

discovery was obtained'' before '', by any individual'' and

reference to ''agent'' of the Department of Justice.

1976 - Subsec. (a). Pub. L. 94-435 substituted ''custodian of

documentary material, answers to interrogatories, and transcripts

of oral testimony received under this chapter'' for ''antitrust

documentary custodian''.

Subsec. (b). Pub. L. 94-435 struck out ''issued'' after ''any

demand'', inserted ''for the production of documentary material''

before ''has been duly served'', and substituted ''copies for

originals of all or any part of such material'' for ''for copies of

all or any part of such material originals thereof''.

Subsec. (c). Pub. L. 94-435, among other changes, inserted

provisions relating to answers to interrogatories and transcripts

of oral testimony and, in par. (1), substituted ''of documentary

material'' for ''thereof'', in par. (2), inserted ''by any duly

authorized official or employee of the Department of Justice''

after ''for official use'', and inserted a provision relating to

the use of documentary material, answers to interrogatories, and

transcripts in connection with the taking of oral testimony, in

par. (3), inserted ''Except as otherwise provided in this section''

before ''while in the possession'', substituted ''no documentary

material'' for ''no material'', ''official'' for ''officer,

member'', and inserted provision relating to disclosure of

information to Congress or authorized committees or subcommittees

thereof, in par. (4), added cl. (B).

Subsec. (d). Pub. L. 94-435, among other changes, in par. (1),

inserted provisions relating to answers to interrogatories and

transcripts of oral testimony, substituted a provision that an

attorney designated under this section be from the Department of

Justice for a provision that a designated attorney be appearing on

behalf of the United States, provided that such an attorney can

make an appearance under this section before a Federal

administrative or regulatory agency in addition to a court or grand

jury, and added par. (2).

Subsec. (e). Pub. L. 94-435, among other changes, inserted

provisions of subsec. (f) relating to the institution of a case or

proceeding within a reasonable time after examination and analysis

of any evidence assembled during the course of an investigation,

and relating to written demand for the return of such material,

and, in addition, provided that copies furnished the custodian

pursuant to subsec. (b) of this section need not be returned by the

custodian.

Subsecs. (f), (g). Pub. L. 94-435 redesignated subsec. (g) as

(f). Former subsec. (f) redesignated (e)(2).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-435 effective Sept. 30, 1976, see section

106 of Pub. L. 94-435, set out as a note under section 1311 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1311, 6205 of this title.

-CITE-

15 USC Sec. 1314 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 34 - ANTITRUST CIVIL PROCESS

-HEAD-

Sec. 1314. Judicial proceedings

-STATUTE-

(a) Petition for enforcement; venue

Whenever any person fails to comply with any civil investigative

demand duly served upon him under section 1312 of this title or

whenever satisfactory copying or reproduction of any such material

cannot be done and such person refuses to surrender such material,

the Attorney General, through such officers or attorneys as he may

designate, may file, in the district court of the United States for

any judicial district in which such person resides, is found, or

transacts business, and serve upon such person a petition for an

order of such court for the enforcement of this chapter.

(b) Petition for order modifying or setting aside demand; time for

petition; suspension of time allowed for compliance with demand

during pendency of petition; grounds for relief

(1) Within twenty days after the service of any such demand upon

any person, or at any time before the return date specified in the

demand, whichever period is shorter, or within such period

exceeding twenty days after service or in excess of such return

date as may be prescribed in writing, subsequent to service, by any

antitrust investigator named in the demand, such person may file

and serve upon such antitrust investigator, and in the case of any

express demand for any product of discovery upon the person from

whom such discovery was obtained, a petition for an order modifying

or setting aside such demand -

(A) in the district court of the United States for the judicial

district within which such person resides, is found, or transacts

business; or

(B) in the case of a petition addressed to an express demand

for any product of discovery, only in the district court of the

United States for the judicial district in which the proceeding

in which such discovery was obtained is or was last pending.

(2) The time allowed for compliance with the demand in whole or

in part as deemed proper and ordered by the court shall not run

during the pendency of such petition in the court, except that such

person shall comply with any portions of the demand not sought to

be modified or set aside. Such petition shall specify each ground

upon which the petitioner relies in seeking such relief and may be

based upon any failure of such demand to comply with the provisions

of this chapter, or upon any constitutional or other legal right or

privilege of such person.

(c) Petition for order modifying or setting aside demand for

production of product of discovery; grounds for relief; stay of

compliance with demand and of running of time allowed for

compliance with demand

Whenever any such demand is an express demand for any product of

discovery, the person from whom such discovery was obtained may

file, at any time prior to compliance with such express demand, in

the district court of the United States for the judicial district

in which the proceeding in which such discovery was obtained is or

was last pending, and serve upon any antitrust investigator named

in the demand and upon the recipient of the demand, a petition for

an order of such court modifying or setting aside those portions of

the demand requiring production of any such product of discovery.

Such petition shall specify each ground upon which the petitioner

relies in seeking such relief and may be based upon any failure of

such portions of the demand to comply with the provisions of this

chapter, or upon any constitutional or other legal right or

privilege of the petitioner. During the pendency of such petition,

the court may stay, as it deems proper, compliance with the demand

and the running of the time allowed for compliance with the demand.

(d) Petition for order requiring performance by custodian of

duties; venue

At any time during which any custodian is in custody or control

of any documentary material or answers to interrogatories

delivered, or transcripts of oral testimony given by any person in

compliance with any such demand, such person, and, in the case of

an express demand for any product of discovery, the person from

whom such discovery was obtained, may file, in the district court

of the United States for the judicial district within which the

office of such custodian is situated, and serve upon such custodian

a petition for an order of such court requiring the performance by

such custodian of any duty imposed upon him by this chapter.

(e) Jurisdiction; appeal; contempts

Whenever any petition is filed in any district court of the

United States under this section, such court shall have

jurisdiction to hear and determine the matter so presented, and to

enter such order or orders as may be required to carry into effect

the provisions of this chapter. Any final order so entered shall

be subject to appeal pursuant to section 1291 of title 28. Any

disobedience of any final order entered under this section by any

court shall be punished as a contempt thereof.

(f) Applicability of Federal Rules of Civil Procedure

To the extent that such rules may have application and are not

inconsistent with the provisions of this chapter, the Federal Rules

of Civil Procedure shall apply to any petition under this chapter.

(g) Disclosure exemption

Any documentary material, answers to written interrogatories, or

transcripts of oral testimony provided pursuant to any demand

issued under this chapter shall be exempt from disclosure under

section 552 of title 5.

-SOURCE-

(Pub. L. 87-664, Sec. 5, Sept. 19, 1962, 76 Stat. 551; Pub. L.

94-435, title I, Sec. 104, Sept. 30, 1976, 90 Stat. 1389; Pub. L.

96-349, Sec. 2(b)(5), Sept. 12, 1980, 94 Stat. 1155.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 87-664, which is classified generally to

this chapter. For complete classification of this Act to the Code,

see Short Title note set out under section 1311 of this title and

Tables.

The Federal Rules of Civil Procedure, referred to in subsec. (f),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC2-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-349, Sec. 2(b)(5)(A), designated

existing provisions as par. (1), provided for filing and serving a

petition for an order modifying or setting aside a demand in the

case of an express demand for any product of discovery upon the

person from whom the discovery was obtained, incorporated existing

provision in cl. (A), added cl. (B), and designated existing

provisions as par. (2).

Subsecs. (c), (d). Pub. L. 96-349, Sec. 2(b)(5)(B) to (D), added

subsec. (c), redesignated former subsec. (c) as (d) and authorized

petition, in the case of an express demand for any product of

discovery, by the person from whom the discovery was obtained, for

an order requiring performance by the custodian of his duties.

Former subsec. (d) redesignated (e).

Subsecs. (e) to (g). Pub. L. 96-349, Sec. 2(b)(5)(B),

redesignated former subsecs. (d) to (f) as (e) to (g),

respectively.

1976 - Subsec. (a). Pub. L. 94-435, Sec. 104(a), struck out

provision which permitted a petition for an enforcement order to be

filed in the judicial district where a person who had failed to

comply with a demand and who transacted business in one or more

districts, maintained his principal place of business, or in such

other district, in which such person transacted business, as was

agreed upon by the parties to the petition.

Subsec. (b). Pub. L. 94-435, Sec. 104(b), (c), inserted ''or

within such period exceeding twenty days after service or in excess

of such return date as may be prescribed in writing, subsequent to

service, by any antitrust investigator named in the demand,'' after

''whichever period is shorter'', substituted ''antitrust

investigator'' for ''custodian'' before ''a petition for an

order'', and inserted proviso that petitioner should comply with

portions of a contested demand which are not being challenged.

Subsec. (c). Pub. L. 94-435, Sec. 104(d), substituted ''or

answers to interrogatories delivered, or transcripts of oral

testimony given'' for ''delivered''.

Subsec. (f). Pub. L. 94-435, Sec. 104(e), added subsec. (f).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-435 effective Sept. 30, 1976, see section

106 of Pub. L. 94-435, set out as a note under section 1311 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1312, 1313 of this title.

-CITE-