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15 U.S.C. § 1313 — Custodian of documents, answers and transcripts

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1313 — Custodian of documents, answers and transcripts

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Source location: Title 15, Chapter 34, § 1313; chapter-034-antitrust-civil-process.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1312&num=0&edition=prelim) 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) 11 See References in Text note below. 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. **(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.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1311 — Definitions

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6201&num=0&edition=prelim) 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, inclu

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1312 — Civil investigative demands

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6201&num=0&edition=prelim) et seq.], an investigation authorized by section 3 of such Act [[15 U.S.C. 6202](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6202&num=0&edition=prelim)], 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 and 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 const

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6205 — Exception to certain disclosure restrictions

[Section 1313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1313&num=0&edition=prelim), and sections 46(f) and 57b–2 of this title, shall not apply to prevent the Attorney General or the Commission from providing to a foreign antitrust authority antitrust evidence in accordance with an antitrust mutual assistance agreement in effect under this chapter and in accordance with the other requirements of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1313 — Custodian of documents, answers and

Page 1394 TITLE 15—COMMERCE AND TRADE § 1313 1 See References in Text note below. § 1313. Custodian of documents, answers and transcripts (a) Designation The Assistant Attorney General in charge of the Antitrust Division of the Department of Jus- tice shall designate an antitrust investigator to serve as custodian of documentary material, an- swers to interrogatories, and transcripts of oral testimony received under this chapter, and such additional antitrust investigators as he shall de- termine 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 inspec- tion and copying or reproduction to the custo- dian 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) 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. (c) Responsibility for materials; disclosure (1) The custodian to whom any documentary material, answers to interrogatories, or tran- scripts of oral testimony are delivered shall take physical possession thereof, and shall be re- sponsible 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, answer

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