§ 1314. — Judicial proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1314]
TITLE 15--COMMERCE AND TRADE
CHAPTER 34--ANTITRUST CIVIL PROCESS
Sec. 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
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.
(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.)
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 1312, 1313 of this title.
