Notes on 15 U.S.C. § 1311 : US Code - Notes

Search Notes on 15 U.S.C. § 1311 : US Code - Notes

(Pub. L. 87-664, Sec. 2, Sept. 19, 1962, 76 Stat. 548; Pub. L. 94-
435, title I, Sec. 101, Sept. 30, 1976, 90 Stat. 1383; Pub. L. 96-
349, Secs. 2(a), 7(a)(1), Sept. 12, 1980, 94 Stat. 1154, 1158;
Pub. L. 103-438, Sec. 3(e)(1)(A), Nov. 2, 1994, 108 Stat. 4598.)
REFERENCES IN TEXT
This chapter, referred to in opening phrase, was in the original
"this Act", meaning Pub. L. 87-664, which is classified generally
to this chapter. For complete classification of this Act to the
Code, see Short Title note below and Tables.
The International Antitrust Enforcement Assistance Act of 1994,
referred to in subsec. (d), is Pub. L. 103-438, Nov. 2, 1994, 108
Stat. 4597, which is classified principally to chapter 88 (Sec.
6201 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 6201 of
this title and Tables.
AMENDMENTS
1994 - Subsec. (d). Pub. L. 103-438, Sec. 3(e)(1)(A)(i),
substituted ", any" for "or any" and inserted before semicolon at
end "or, with respect to the International Antitrust Enforcement
Assistance Act of 1994, any of the foreign antitrust laws".
Subsec. (k). Pub. L. 103-438, Sec. 3(e)(1)(A)(ii), added subsec.
(k).
1980 - Subsec. (g). Pub. L. 96-349, Sec. 2(a)(1), extended
definition of "documentary material" to include any product of
discovery.
Subsec. (h). Pub. L. 96-349, Sec. 2(a)(2), substituted a
semicolon for period at end.
Subsec. (i). Pub. L. 96-349, Sec. 2(a)(3), added subsec. (i).
Subsec. (j). Pub. L. 96-349, Sec. 7(a)(1), added subsec. (j).
1976 - Subsec. (a). Pub. L. 94-435, Sec. 101(1), in par. (1)
inserted "and" after semicolon preceding par. (2), struck out par.
(2) which included the Federal Trade Commission Act in definition
of antitrust law for purposes of this chapter, redesignated par.
(3) as (2), struck out "(A)" before "any restraint", and struck out
subpar. (B) which related to any unfair trade practice in or
affecting interstate or foreign trade or commerce.
Subsec. (c). Pub. L. 94-435, Sec. 101(2), inserted "or in any
activities in preparation for a merger, acquisition, joint venture,
or similar transaction, which if consummated, may result in an
antitrust violation;" after "engaged in any antitrust violation".
Subsec. (f). Pub. L. 94-435, Sec. 101(3), included "any natural
person" and "any person acting under color or authority of State
law" in definition of "person".
Subsec. (h). Pub. L. 94-435, Sec. 101(4), substituted "the
custodian" for "the antitrust document custodian".
EFFECTIVE DATE OF 1976 AMENDMENT
Section 106 of Pub. L. 94-435 provided that: "The amendments to
the Antitrust Civil Process Act [see section 1 of Pub. L. 87-664
set out as a Short Title note under this section] and to section
1505 of title 18, United States Code, made by this title [title I
of Pub. L. 94-435] shall take effect on the date of enactment of
this Act [Sept. 30, 1976], except section 3(i)(8) of the Antitrust
Civil Process Act [section 1312(i)(8) of this title] (as amended by
this Act) shall take effect on the later of (1) the date of
enactment of this Act [Sept. 30, 1976], or (2) October 1, 1976. Any
such amendment which provides for the production of documentary
material, answers to interrogatories, or oral testimony shall apply
to any act or practice without regard to the date on which it
occurred."
SHORT TITLE OF 1980 AMENDMENT
Section 1 of Pub. L. 96-349 provided: "That this Act [amending
sections 15, 15a, 15c, 16, 18, and 1311 to 1314 of this title,
section 1905 of Title 18, Crimes and Criminal Procedure, and
section 1927 of Title 28, Judiciary and Judicial Procedure, and
enacting provisions set out as notes under sections 15, 16, and 18
of this title] may be cited as the 'Antitrust Procedural
Improvements Act of 1980'."
SHORT TITLE
Section 1 of Pub. L. 87-664 provided: "That this Act [enacting
this chapter and amending section 1505 of Title 18, Crimes and
Criminal Procedure] may be cited as the 'Antitrust Civil Process
Act'."
SAVINGS PROVISION
Section 7 of Pub. L. 87-664 provided that: "Nothing contained in
this Act [see Short Title note above] shall impair the authority of
the Attorney General, the Assistant Attorney General in charge of
the Antitrust Division of the Department of Justice, or any
antitrust investigator to (a) lay before any grand jury impaneled
before any district court of the United States any evidence
concerning any alleged antitrust violation, (b) invoke the power of
any such court to compel the production of any evidence before any
such grand jury, or (c) institute any proceeding for the
enforcement of any order or process issued in execution of such
power, or to punish disobedience of any such order of process by
any person, including a natural person."