15 U.S.C. § 1314 : US Code - Section 1314: Judicial proceedings

Search 15 U.S.C. § 1314 : US Code - Section 1314: Judicial proceedings

(a) Petition for enforcement; venue
Whenever any person fails to comply with any civil investigative
demand duly served upon him under section 1312 of this title or
whenever satisfactory copying or reproduction of any such material
cannot be done and such person refuses to surrender such material,
the Attorney General, through such officers or attorneys as he may
designate, may file, in the district court of the United States for
any judicial district in which such person resides, is found, or
transacts business, and serve upon such person a petition for an
order of such court for the enforcement of this chapter.
(b) Petition for order modifying or setting aside demand; time for
petition; suspension of time allowed for compliance with demand
during pendency of petition; grounds for relief
(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 any
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 chapter, or upon any constitutional or other legal right or
privilege of such person.
(c) Petition for order modifying or setting aside demand for
production of product of discovery; grounds for relief; stay of
compliance with demand and of running of time allowed for
compliance with demand
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
chapter, or upon any constitutional or other legal right or
privilege 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.
(d) Petition for order requiring performance by custodian of
duties; venue
At any time during which any custodian is in custody or control
of any documentary material or answers to interrogatories
delivered, or transcripts of oral testimony given by any person in
compliance with any such demand, such person, and, in the case of
an express demand for any product of discovery, the person from
whom such discovery was obtained, may file, in the district court
of the United States for the judicial district within which the
office of such custodian is situated, and serve upon such custodian
a petition for an order of such court requiring the performance by
such custodian of any duty imposed upon him by this chapter.
(e) Jurisdiction; appeal; contempts
Whenever any petition is filed in any district court of the
United States under this section, such court shall have
jurisdiction to hear and determine the matter so presented, and to
enter such order or orders as may be required to carry into effect
the provisions of this chapter. Any final order so entered shall be
subject to appeal pursuant to section 1291 of title 28. Any
disobedience of any final order entered under this section by any
court shall be punished as a contempt thereof.
(f) Applicability of Federal Rules of Civil Procedure
To the extent that such rules may have application and are not
inconsistent with the provisions of this chapter, the Federal Rules
of Civil Procedure shall apply to any petition under this chapter.
(g) Disclosure exemption
Any documentary material, answers to written interrogatories, or
transcripts of oral testimony provided pursuant to any demand
issued under this chapter shall be exempt from disclosure under
section 552 of title 5.