Page:United States Statutes at Large Volume 76.djvu/596

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PUBLIC LAW 87-664-SEPT. 19, 1962

[76 STAT.

Public Law 87-664 September 19, 1962

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Antitrust Civil Process Act.

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ACT

To authorize the Attorney General to compel the production of documentary evidence required in civil investigations for the enforcement of the antitrust laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may ^g Q]^^^ ^^ ^j^g "Aiititrust Civil Process Act". DEFINITIONS

38 Stat. 717.

SEC. 2. For the purposes of this Act— (a) The term "antitrust law" includes: (1) Each provision of law defined as one of the antitrust laws by section 1 of the Act entitled "An Act to supplement existing laws agahist unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (38 Stat. 730, as amended; 15 U.S.C. 12), commonly known as the Clayton Act; (2) The Federal Trade Commission Act (15 U.S.C. 41 and the following); and (3) Any statute hereafter enacted 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 (A) any restraint upon or monopolization of interstate or foreign trade or commerce, or (B) any unfair trade practice in or atfecting such commerce; (b) The term "antitrust order" means any final order, decree, or judgment of any court of the United States, duly entered iji 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; (d) The term "antitrust violation" means any act or omission in violation of any antitrust law or any antitrust order; (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 corporation, association, partnership, or other legal entity not a natural person; (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 (h) The term "custodian" means the antitrust document custodian or any deputy custodian designated under section 4(a) of this Act. CIVIL INVESTIGATIVE DEMAND

SEC. 3. (a) Whenever the Attorney General, or the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, has reason to believe that any person under investigation may be in possession, custody, or control of any documentary material relevant to a civil antitrust investigation, Re may, prior to the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such material for examination.

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