Page:United States Statutes at Large Volume 76.djvu/597

 76 STAT. ]

PUBLIC LAW 87-664-SEPT. 19, 1%2

(b) Each such demand shall— (1) state the nature of the conduct constituting the alleged antitrust violation which is under investigation and the provision of law applicable thereto; (2) describe the class or classes of documentary material to be produced thereunder with such definiteness and.certainty as to permit such material to be fairly identified; (3) prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and (4) identify the custodian to whom such material shall be made available. (c) No such demand shall— (1) contain any requirement which would be held to be unreasonable if contained in a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged antitrust violation; or (2) require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged antitrust violation. (d) Any such demand may be served by any antitrust investigator, or by any United States marshal or deputy marshal, at any place within the territorial jurisdiction of any court of the United States. (e) Service of any such demand or of any petition filed under section 5 of this Act may be made upon a partnership, corporation, association, or other legal entity by— (1) delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; (2) delivering a duly executed copy thereof to the principal office or place of business of the partnership, corporation, association, or entity to be served; or (3) depositing such copy in the United States mails, by registered or certified mail duly addressed to such partnership, cororation, association, or entity at its principal office or place of usiness. (f) A verified return by the individual serving any such demand or petition setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand.

E

A N T I T R U S T D O C U M E N T CUSTODIAN

SEC. 4. (a) The Assistant Attorney General in charge of the Antitrust Division of the Department of Justice shall designate an antitrust investigator to serve as antitrust document custodian, and such additional antitrust investigators as he shall determine from time to time to be necessary to serve as deputies to such officer. (b) Any person upon whom-any demand issued under section 3 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 5(d) of this Act) on the return date specified in such demand (or on such later

549

�