15 U.S.C. § 1313

Custodian of documents, answers and transcripts

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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 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 producerIf 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.

(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 NotesReferences 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” before “, by any individual” and reference to “agent” of the Department of Justice.

1976—Subsec. (a). Pub. L. 94–435 substituted “custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this chapter” for “antitrust documentary custodian”.

Subsec. (b). Pub. L. 94–435 struck out “issued” after “any demand”, inserted “for the production of documentary 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, inserted provisions relating to answers to interrogatories and transcripts of oral testimony and, in par. (1), substituted “of documentary material” for “thereof”, in par. (2), inserted “by any duly authorized official or employee of the Department of Justice” after “for official 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 possession”, substituted “no documentary material” for “no material”, “official” for “officer, member”, and inserted provision relating to disclosure of information to Congress or authorized committees or subcommittees 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 interrogatories and transcripts of oral testimony, substituted 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 attorney can make an appearance under this section before 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, inserted provisions of subsec. (f) relating to the institution of a case or proceeding within a reasonable time after examination and analysis of any evidence assembled 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 custodian 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 SubsidiariesEffective 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.

Notes of Decisions

Cited in 32 cases, 1964–2018 · leading case: United States v. Am. Tel. & Tel. Co., 86 F.R.D. 603 (D.D.C. 1979).

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United States v. Am. Tel. & Tel. Co., 86 F.R.D. 603 (D.D.C. 1979). · cites it 4× “1 There is a privilege on the part of the Government under 15 U.S.C. § 1313 (c) to refuse disclosure of documentary material, answers to interrogatories, and transcripts of testimony obtained by the Government under 15 U.”

In Re Grand Jury Investigation of Cuisinarts, Inc., 516 F. Supp. 1008 (D. Conn. 1981). · cites it 11× “See 15 U.S.C. § 1313 (1962). In 1976, Hart-Scott-Rodino amended the 1962 Act to permit (1) the issuance of CID’s to third-parties, as well as to persons suspected of antitrust violations, see 15 U.”

Aluminum Co. of Am. v. United States Dep't of Just., 444 F. Supp. 1342 (D.D.C. 1978). · cites it 5× “” Antitrust Civil Process Act § 4(c), 15 U.S.C. § 1313 (c) (1970). The Hart-Scott-Rodino Antitrust Improvements Act of 1976, which amended in part the Antitrust Civil Process Act, was enacted on September 30, 1976.”

GAF Corp. v. Eastman Kodak Co., 85 F.R.D. 46 (S.D.N.Y. 1979). · cites it 2× “15 U.S.C. § 1313 (c)(3). Nor does it appear that such compliance would be otherwise inconsistent with the maintenance of secrecy of GAF’s privileged attorney work product vis-a-vis Kodak.”

In re Nasdaq Mkt.-Makers Antitrust Litig., 169 F.R.D. 493 (S.D.N.Y. 1996). “Moreover, pursuant to 15 U.S.C. § 1313 (c)(3), the Government may not disclose materials obtained through CIDs without the target’s consent.”

Brown & Brown, Inc. v. Blumenthal, 1 A.3d 21 (Conn. 2010). · cites it 2× “15 U.S.C. § 1313 (c) (2) (2006). Section 35-42, however, was not amended to mirror its federal counterpart.”

In Re Mem'l Hermann Healthcare Sys., 274 S.W.3d 195 (Tex. App. 2008). · cites it 2× “15 U.S.C.A. § 1313 (c)(3) (1998). As Memorial Hermann notes, section 15.”

Illinois v. Abbott & Assocs., Inc., 460 U.S. 557 (1983). “15 U. S. C. § 1313 (1976 ed. and Supp. V).”

Tesoro Petroleum Corp. v. State, 42 P.3d 531 (Alaska 2002). · cites it 10× “592(e)like its federal counterpart, former 15 U.S.C. § 1313 (c)addresses only post-production disclosure of materials produced under a subsection.”

In Re Grand Jury Investigation. John Does I, Ii, Iii, Iv, v & John Does, Inc. I, Ii, & III v. United States, 774 F.2d 34 (2d Cir. 1985). · cites it 2× “See 15 U.S.C. § 1313 (c)(2) (authorizing disclosure of CID material to duly authorized employees of the Department of Justice).”

United States v. Alex. Brown & Sons, Inc., 169 F.R.D. 532 (S.D.N.Y. 1996). · cites it 2× “These waivers permitted the DOJ to disclose evidence otherwise protected by the confidentiality provisions of the Antitrust Civil Process Act (the “ACPA”), 15 U.S.C. § 1313 (c), only to Defendants and potential defendants and only for the purpose of settlement negotiations with…”

GAF Corp. v. Eastman Kodak Co., 415 F. Supp. 129 (S.D.N.Y. 1976). “Ours is not an era for fashioning lightly, from conditions at best ambiguous, an arsenal of new implements for governmental intrusions. 3. The fact that GAF proposes at this time to deliver “only” 52 documents does not work wholly in favor of the proposal.”

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