§ 1311. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1311]
TITLE 15--COMMERCE AND TRADE
CHAPTER 34--ANTITRUST CIVIL PROCESS
Sec. 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; 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].
(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,
Secs. 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.)
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.
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.''
