Page:United States Statutes at Large Volume 94 Part 1.djvu/1204

 94 STAT. 1154

PUBLIC LAW 96-349—SEPT. 12, 1980

Public Law 96-349 96th Congress An Act Sept. 12, 1980 [S. 390] Antitrust Procedural Improvements Act of 1980. 15 USC 1311 note.

"Product of discovery."

Civil investigative demands.

Disclosure or restrain.

To expedite and reduce the cost of antitrust litigation, 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 be cited as the Antitrust Procedural Improvements Act of 1980". CIVIL INVESTIGATIVE DEMANDS FOR PRODUCTS OP DISCOVERY

SEC. 2. (a) Section 2 of the Antitrust Civil Process Act (15 U.S.C. 1311; 76 Stat. 548) is amended— (1) in subsection (g), by striking out "; and" at the end thereof and inserting in lieu thereof the following: ", and any product of discovery;"; (2) in subsection (h), by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraph: "(i) The term 'product of discovery* includes without limitation the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission obtained b}^ any method of discovery in any judicial litigation or in any administrative litigation of an adversarial nature; any digest, analj^sis, selection, compilation, or any derivation thereof; and any index or manner of access thereto; and". (b)(1) Section 3(a) of the Antitrust Civil Process Act (15 U.S.C. 1312(a)) is amended by adding at the end thereof the following new sentence: "Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General or the Assistant Attorney General in charge of the Antitrust Division shall cause to be served, in any manner authorized by this section, a copy of such demand upon the person from whom the discovery was obtained and notify the person to whom such demand is issued of the date on which such copy was served.". (2) Section 3(b) of that Act (15 U.S.C. 1312(b)) is amended by adding at the end thereof the following new sentence: "Any such demand which is an express demand for any product of discovery shall not be returned or returnable until twenty days after a copy of such demand has been served upon the person from whom the discovery was obtained.". (3) Section 3(c) of that Act (15 U.S.C. 1312(c)) is amended— (A) by inserting "(1)" immediately after "(c)"; (B) by striking out "(1)" and inserting in lieu thereof "(A)"; (C) by striking out "(2)" and inserting in lieu thereof "(B)"; and (D) by adding at the end thereof the following new paragraph: "(2) Any such demand which is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this Act) preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand does not constitute a

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