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, 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 tran- scripts may be used by any such official, em- ployee, or agent in connection with the taking of oral testimony pursuant to this chapter. (3) Except as otherwise provided in this sec- tion, while in the possession of the custodian, no documentary material, answers to interrog- atories, or transcripts of oral testimony, or cop- ies thereof, so produced shall be available for ex- amination, without the consent of the person who produced such material, answers, or tran- scripts, and, in the case of any product of dis- covery 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) doc- umentary material and answers to interrog- atories 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, an- swers 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 re- quired. Upon the completion of any such case, grand jury, or proceeding, such attorney shall return to the custodian any such material, an- swers, 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 mate- rial, 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 De- partment of Justice under this chapter. (e) Return of material to producer If any documentary material has been pro- duced in the course of any antitrust investiga- tion 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 investiga- tion, or any proceeding before any Federal ad- ministrative or regulatory agency involving such material, has been completed, or (2) no case or proceeding, in which such ma- terial may be used, has been commenced with- in 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 cop- ies 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 separa- tion 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 Page 1395 TITLE 15—COMMERCE AND TRADE § 1314 pursuant to this chapter, or the official relief of such custodian from responsibility for the cus- tody 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 re- gard thereto, except that he shall not be held re- sponsible for any default or dereliction which occurred prior to his designation. (Pub. L. 87–664, § 4, Sept. 19, 1962, 76 Stat. 549; Pub. L. 94–435, title I, § 103, Sept. 30, 1976, 90 Stat. 1387; Pub. L. 96–349, §§ 2(b)(4), 7(a)(2), Sept. 12, 1980, 94 Stat. 1155, 1158.) Editorial Notes 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, known as the Antitrust Civil Process Act, which is classified principally 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. AMENDMENTS 1980—Subsec. (c)(2). Pub. L. 96–349, § 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, §§ 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’’ be- fore ‘‘, by any individual’’ and reference to ‘‘agent’’ of the Department of Justice. 1976—Subsec. (a). Pub. L. 94–435 substituted ‘‘custo- dian of documentary material, answers to interrog- atories, and transcripts of oral testimony received under this chapter’’ for ‘‘antitrust documentary custo- dian’’. Subsec. (b). Pub. L. 94–435 struck out ‘‘issued’’ after ‘‘any demand’’, inserted ‘‘for the production of docu- mentary 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, in- serted provisions relating to answers to interrogatories and transcripts of oral testimony and, in par. (1), sub- stituted ‘‘of documentary material’’ for ‘‘thereof’’, in par. (2), inserted ‘‘by any duly authorized official or employee of the Department of Justice’’ after ‘‘for offi- cial 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 posses- sion’’, substituted ‘‘no documentary material’’ for ‘‘no material’’, ‘‘official’’ for ‘‘officer, member’’, and in- serted provision relating to disclosure of information to Congress or authorized committees or subcommit- tees 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 in- terrogatories and transcripts of oral testimony, sub- stituted 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 at- torney can make an appearance under this section be- fore 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, in- serted provisions of subsec. (f) relating to the institu- tion of a case or proceeding within a reasonable time after examination and analysis of any evidence assem- bled 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 custo- dian 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). Statutory Notes and Related Subsidiaries 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. § 1314. Judicial proceedings (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 satis- factory copying or reproduction of any such ma- terial 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 busi- ness, 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 pe- riod exceeding twenty days after service or in excess of such return date as may be prescribed in writing, subsequent to service, by any anti- trust investigator named in the demand, such person may file and serve upon such antitrust investigator, and in the case of any express de- mand for any product of discovery upon the per- son 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 per- son 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 pro- ceeding 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