§ 1314. Judicial proceedings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1962

   Antitrust Civil Process Act

   Pub. L. 87–664 § 5 · 76 Stat. 548

   Enacted · 15 U.S.C. § 1314

   Pub. L. 87–664, § 5, Sept. 19, 1962, 76 Stat. 551

   Source evidence

   Code source credit
   Pub. L. 87–664, § 5, Sept. 19, 1962, 76 Stat. 551

   Enacted provision · exact public law section
   Sec. 5. judicial proceedings (a) Whenever any person fails to comply with any civil investigative demand duly served upon him under section 3 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 Act, except that, if such person transacts business in more than one such district such petition shall be filed in the district in which such person maintains his principal place of business, or in such other district in which such person transacts business as may be agreed upon by the parties to such petition. (b) 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, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon such custodian a petition for an order of such court modifying or setting aside such demand. 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. 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 Act, or upon any constitutional or other legal right or privilege of such .person. (c) At any time during which any custodian is in custody or control of any documentary material delivered by any person in compliance with any such demand, such person 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 Act. (d) 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 Act. Any final order so entered shall be subject to appeal pursuant to section 1291 of title 28 of the United States Code. Any disobedience 65 Stat. 726. of any final order entered under this section by any court shall be punished as a contempt thereof. (e) To the extent that such rules may have application and are not inconsistent with the provisions of this Act, the Federal Rules of Civil Procedure shall apply to any petition under this Act. 28 USC app.

2. 1976

   Hart-Scott-Rodino Antitrust Improvements Act of 1976

   Pub. L. 94–435 § 104(a) · 90 Stat. 1383

   Struck · 15 U.S.C. § 1314(a)

   Pub. L. 94–435, § 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

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–435, § 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.

   Enacted provision · exact public law section
   (a) Section 5(a) of such Act is amended by striking out 15 USC 1314. “, except that if” and all that follows down through the end of the sentence and inserting in lieu thereof a period.

   Effective date note
   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.

3. 1976

   Hart-Scott-Rodino Antitrust Improvements Act of 1976

   Pub. L. 94–435 § 104(b) · 90 Stat. 1383

   1. Inserted · 15 U.S.C. § 1314(b)

      Pub. L. 94–435, § 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”

   2. Substituted · 15 U.S.C. § 1314(b)

      Pub. L. 94–435, § 104(b), (c), substituted “antitrust investigator” for “custodian” before “a petition for an order”

   3. Inserted · 15 U.S.C. § 1314(b)

      Pub. L. 94–435, § 104(b), (c), inserted proviso that petitioner should comply with portions of a contested demand which are not being challenged

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–435, § 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.

   Enacted provision · exact public law section
   (b) The first sentence of subsection (b) of section 5 of such Act is amended to read as follows: “Within twenty days after the service of Order, filing. 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 he prescribed in writing, subsequent to service, by any antitrust investigator named in the demand, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon such antitrust investigator a petition for an order of such court modifying or setting aside such demand.”.

   Effective date note
   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.

4. 1976

   Hart-Scott-Rodino Antitrust Improvements Act of 1976

   Pub. L. 94–435 § 104(d) · 90 Stat. 1383

   Substituted · 15 U.S.C. § 1314(c)

   Pub. L. 94–435, § 104(d), substituted “or answers to interrogatories delivered, or transcripts of oral testimony given” for “delivered”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–435, § 104(d), substituted “or answers to interrogatories delivered, or transcripts of oral testimony given” for “delivered”.

   Enacted provision · exact public law section
   (d) Subsection (c) of section 5 is amended by striking out “delivered” and inserting in lieu thereof “or answers to interrogatories delivered, or transcripts of oral testimony given”.

   Effective date note
   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.

5. 1976

   Hart-Scott-Rodino Antitrust Improvements Act of 1976

   Pub. L. 94–435 § 104(e) · 90 Stat. 1383

   Added · 15 U.S.C. § 1314(f)

   Pub. L. 94–435, § 104(e), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 94–435, § 104(e), added subsec. (f).

   Enacted provision · exact public law section
   (e) Section 5 is further amended by adding at the end thereof the following: “(f) Any documentary material, answers to written interrogatories, Disclosure, exemption. or transcripts of oral testimony provided pursuant to any demand issued under this Act shall be exempt from disclosure under section 552 of title 5, United States Code.”.

   Effective date note
   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.

6. 1980

   Antitrust Procedural Improvements Act of 1980

   Pub. L. 96–349 § 2(b)(5)(A) · 94 Stat. 1154

   1. Amended · 15 U.S.C. § 1314(b)

      Pub. L. 96–349, § 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)

   2. Added · 15 U.S.C. § 1314(b)

      Pub. L. 96–349, § 2(b)(5)(A), added cl. (B)

   3. Amended · 15 U.S.C. § 1314(b)

      Pub. L. 96–349, § 2(b)(5)(A), designated existing provisions as par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–349, § 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).

   Enacted provision · exact public law section
   (A) by amending subsection (b) to read as follows: “(b) (1) Within twenty days after the service of any such demand Demand for material, petition; modification. 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 elate 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 an 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 Compliance. 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 Act, or upon any constitutional or other legal right or privilege of such person.”;

7. 1980

   Antitrust Procedural Improvements Act of 1980

   Pub. L. 96–349 § 2(b)(5)(B) · 94 Stat. 1154

   1. Added · 15 U.S.C. § 1314(c); 15 U.S.C. § 1314(d)

      Pub. L. 96–349, § 2(b)(5)(B) to (D), added subsec. (c)

   2. Redesignated · 15 U.S.C. § 1314(c); 15 U.S.C. § 1314(d)

      Pub. L. 96–349, § 2(b)(5)(B) to (D), 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)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 96–349, § 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).

   Enacted provision · exact public law section
   (B) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively;

8. 1980

   Antitrust Procedural Improvements Act of 1980

   Pub. L. 96–349 § 2(b)(5)(B) · 94 Stat. 1154

   Redesignated · 15 U.S.C. § 1314(e)(g)

   Pub. L. 96–349, § 2(b)(5)(B), redesignated former subsecs. (d) to (f) as (e) to (g), respectively

   Source evidence

   Code amendment note
   Subsecs. (e) to (g). Pub. L. 96–349, § 2(b)(5)(B), redesignated former subsecs. (d) to (f) as (e) to (g), respectively.

   Enacted provision · exact public law section
   (B) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively;

13 of 13 references resolved to an enrolled provision