Page:United States Statutes at Large Volume 90 Part 1.djvu/1434

 90 STAT. 1384

PUBLIC LAW 94-435—SEPT. 30, 1976 CIVIL INVESTIGATIVE DEMANDS

SEC. 102. Section 3 of the Antitrust Civil Process Act (15 U.S.C. 1312) is amended to read as follows: CIVIL INVESTIGATIVE DEMANDS

'

Documentary material, production.

Interrogatories, answers.

Oral testimony.

,

"SEC. 3. (a) Whenever the Attorney General, or the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, has resison to believe that any person may be in possession, custody, or control of any documentary material, or may have any information, relevant to a civil antitrust investigation, he 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 rec^uiring such person to produce such documentary material for inspection and copying or reproduction, to answer in writing written interrogatories, to give oral testimony concerning documentary material or information, or to furnish any combination of such material, answers, or testimony. "(b) Each such demand shall— " (1) state the nature of— " (A) the conduct constituting the alleged antitrust violation, or " (B) the activities in preparation for a merger, acquisition, joint venture, or similar transaction, which, if consummated, may result in an antitrust violation, which are under investigation and the provision of law applicable thereto; "(2) if it is a demand for production of documentary material— " (A) describe the class or classes of documentary material ^Q j^g produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; "(B) prescribe a return date or dates 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 "(C) identify the custodian to whom such material shall be made available; or "(3) if it is a demand for answers to written interrogatories— "(A) propound with definiteness and certainty the written interrogatories to be answered; "(B) prescribe a date or dates at which time answers to written interrogatories shall be submitted; and "(C) identify the custodian to whom such answers shall be submitted; or " (4) if it is a demand for the giving of oral testimony— "(A) prescribe a date, time, and place at which oral testimony shall be commenced; and "(B) identify an antitrust investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted. "(c) No such demand shall require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony, if such material, answers, or testimony would be protected from disclosure under— "(1) the standards applicable to subpenas or subpenas duces tecum issued h^ a court of the United States in aid of a grand jury investigation, or

�