
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1311]

 
                      TITLE 15--COMMERCE AND TRADE
 
                   CHAPTER 34--ANTITRUST CIVIL PROCESS
 
Sec. 1311. Definitions

    For the purposes of this chapter--
        (a) The term ``antitrust law'' includes:
            (1) Each provision of law defined as one of the antitrust 
        laws by section 12 of this title; and
            (2) Any statute enacted on and after September 19, 1962, by 
        the Congress which prohibits, or makes available to the United 
        States in any court of the United States any civil remedy with 
        respect to any restraint upon or monopolization of interstate or 
        foreign trade or commerce;

        (b) The term ``antitrust order'' means any final order, decree, 
    or judgment of any court of the United States, duly entered in any 
    case or proceeding arising under any antitrust law;
        (c) The term ``antitrust investigation'' means any inquiry 
    conducted by any antitrust investigator for the purpose of 
    ascertaining whether any person is or has been engaged in any 
    antitrust violation or in any activities in preparation for a 
    merger, acquisition, joint venture, or similar transaction, which, 
    if consummated, may result in an antitrust violation;
        (d) The term ``antitrust violation'' means any act or omission 
    in violation of any antitrust law, any antitrust order or, with 
    respect to the International Antitrust Enforcement Assistance Act of 
    1994 [15 U.S.C. 6201 et seq.], any of the foreign antitrust laws;
        (e) The term ``antitrust investigator'' means any attorney or 
    investigator employed by the Department of Justice who is charged 
    with the duty of enforcing or carrying into effect any antitrust 
    law;
        (f) The term ``person'' means any natural person, partnership, 
    corporation, association, or other legal entity, including any 
    person acting under color or authority of State law;
        (g) The term ``documentary material'' includes the original or 
    any copy of any book, record, report, memorandum, paper, 
    communication, tabulation, chart, or other document, and any product 
    of discovery;
        (h) The term ``custodian'' means the custodian or any deputy 
    custodian designated under section 1313(a) of this title;
        (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 by any method of 
    discovery in any judicial litigation or in any administrative 
    litigation of an adversarial nature; any digest, analysis, 
    selection, compilation, or any derivation thereof; and any index or 
    manner of access thereto; and
        (j) The term ``agent'' includes any person retained by the 
    Department of Justice in connection with the enforcement of the 
    antitrust laws.
        (k) The term ``foreign antitrust laws'' has the meaning given 
    such term in section 12 of the International Antitrust Enforcement 
    Assistance Act of 1994 [15 U.S.C. 6211].

(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. 94-435 provided: ``That this Act [enacting 
sections 15c to 15h, 18a, and 66 of this title, amending this section, 
sections 12, 15b, 16, 26, and 1312 to 1314 of this title, section 1505 
of Title 18, Crimes and Criminal Procedure, and section 1407 of Title 
28, Judiciary and Judicial Procedure, and enacting provisions set out as 
notes under this section and sections 1, 8, 15c, and 18a of this title] 
may be cited as the `Hart-Scott-Rodino Antitrust Improvements Act of 
1976'.''
    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.''
