Page:United States Statutes at Large Volume 94 Part 1.djvu/1205

 PUBLIC LAW 96-349—SEPT. 12, 1980

94 STAT. 1155

waiver of any right or privilege, including without limitation any right or privilege which may be invoked to resist discoveiy of trial preparation materials, to which the person making such (usclosure may be entitled.". (4) Paragraph (3) of section 4(c) of that Act (15 U.S.C. 1313(c)(3)) is amended by inserting immediately after "transcripts" the second place it appears the following: ", 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". (5) Section 5 of that Act (15 U.S.C. 1314) is amended— (A) by amending subsection (b) to read as follows: "(b)(1) Within twenty days after the service of any such demand upon any person, or at any time before the return date specified in the demand, whichever period is shorter, or within such period exceeding twenty days after service or in excess of such return date as may be prescribed in writing, subsequent to service, by any antitrust investigator named in the demand, such person may file and serve upon such antitrust investigator, and in the case of an express demand for any product of discovery upon the person from whom such discovery was obtained, a petition for an order modifying or setting aside such demand— "(A) in the district court of the United States for the judicial district within which such person resides, is found, or transacts business; or "(B) in the case of a petition addressed to an express demand for any product of discovery, only in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending. "(2) The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court, except that such person shall comply with any portions of the demand not sought to be modified or set aside. Such petition shall specify each ground upon which the petitioner relies in seeking such relief and may be based upon any failure of such demand to comply with the provisions of this Act, or upon any constitutional or other legal right or privilege of such person."; (B) by redesignating subsections (c), (d), (e), and if) as subsections (d), (e), (f), and (g), respectively; (C) by inserting immediately after subsection (b) the following new subsection: "(c) Whenever any such demand is an express demand for any product of discovery, the person from whom such discovery was obtained may file, at any time prior to compliance with such express demand, in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any antitrust investigator named in the demand and upon the recipient of the demand, a petition for an order of such court modifying or setting aside those portions of the demand requiring production of any such product of discovery. Such petition shall specify each ground upon which the petitioner relies in seeking such relief and may be based upon any failure of such portions of the demand to comply with the provisions of this Act, or upon any constitutional or other legal right or pri^dlege of the petitioner. During the pendency of such petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand."; and

Responsibility for materials, disclosure.

Judicial proceedings. Demand for material, petition; modification.

Compliance.

Portions of demand, petition; modification.

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