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U.S. Code as of:
01/19/04
Section 1313. Custodian of documents, answers and transcripts
(a) Designation
The Assistant Attorney General in charge of the Antitrust
Division of the Department of Justice shall designate an antitrust
investigator to serve as custodian of documentary material, answers
to interrogatories, and transcripts of oral testimony received
under this chapter, and such additional antitrust investigators as
he shall determine from time to time to be necessary to serve as
deputies to such officer.
(b) Production of materials
Any person, upon whom any demand under section 1312 of this title
for the production of documentary material has been duly served,
shall make such material available for inspection and copying or
reproduction to the custodian designated therein at the principal
place of business of such person (or at such other place as such
custodian and such person thereafter may agree and prescribe in
writing or as the court may direct, pursuant to section 1314(d)
(!1) of this title) on the return date specified in such demand (or
on such later date as such custodian may prescribe in writing).
Such person may upon written agreement between such person and the
custodian substitute copies for originals of all or any part of
such material.
(c) Responsibility for materials; disclosure
(1) The custodian to whom any documentary material, answers to
interrogatories, or transcripts of oral testimony are delivered
shall take physical possession thereof, and shall be responsible
for the use made thereof and for the return of documentary
material, pursuant to this chapter.
(2) The custodian may cause the preparation of such copies of
such documentary material, answers to interrogatories, or
transcripts of oral testimony as may be required for official use
by any duly authorized official, employee, or agent of the
Department of Justice under regulations which shall be promulgated
by the Attorney General. Notwithstanding paragraph (3) of this
subsection, such material, answers, and transcripts may be used by
any such official, employee, or agent in connection with the taking
of oral testimony pursuant to this chapter.
(3) Except as otherwise provided in this section, while in the
possession of the custodian, no documentary material, answers to
interrogatories, or transcripts of oral testimony, or copies
thereof, so produced shall be available for examination, without
the consent of the person who produced such material, answers, or
transcripts, 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, by any individual other than a
duly authorized official, employee, or agent of the Department of
Justice. Nothing in this section is intended to prevent disclosure
to either body of the Congress or to any authorized committee or
subcommittee thereof.
(4) While in the possession of the custodian and under such
reasonable terms and conditions as the Attorney General shall
prescribe, (A) documentary material and answers to interrogatories
shall be available for examination by the person who produced such
material or answers, or by any duly authorized representative of
such person, and (B) transcripts of oral testimony shall be
available for examination by the person who produced such
testimony, or his counsel.
(d) Use of investigative files
(1) Whenever any attorney of the Department of Justice has been
designated to appear before any court, grand jury, or Federal
administrative or regulatory agency in any case or proceeding, the
custodian of any documentary material, answers to interrogatories,
or transcripts of oral testimony may deliver to such attorney such
material, answers, or transcripts for official use in connection
with any such case, grand jury, or proceeding as such attorney
determines to be required. Upon the completion of any such case,
grand jury, or proceeding, such attorney shall return to the
custodian any such material, answers, or transcripts so delivered
which have not passed into the control of such court, grand jury,
or agency through the introduction thereof into the record of such
case or proceeding.
(2) The custodian of any documentary material, answers to
interrogatories, or transcripts of oral testimony may deliver to
the Federal Trade Commission, in response to a written request,
copies of such material, answers, or transcripts for use in
connection with an investigation or proceeding under the
Commission's jurisdiction. Such material, answers, or transcripts
may only be used by the Commission in such manner and subject to
such conditions as apply to the Department of Justice under this
chapter.
(e) Return of material to producer
If any documentary material has been produced in the course of
any antitrust investigation by any person pursuant to a demand
under this chapter and -
(1) any case or proceeding before any court or grand jury
arising out of such investigation, or any proceeding before any
Federal administrative or regulatory agency involving such
material, has been completed, or
(2) no case or proceeding, in which such material may be used,
has been commenced within a reasonable time after completion of
the examination and analysis of all documentary material and
other information assembled in the course of such investigation,
the custodian shall, upon written request of the person who
produced such material, return to such person any such material
(other than copies thereof furnished to the custodian pursuant to
subsection (b) of this section or made by the Department of Justice
pursuant to subsection (c) of this section) which has not passed
into the control of any court, grand jury, or agency through the
introduction thereof into the record of such case or proceeding.
(f) Appointment of successor custodians
In the event of the death, disability, or separation from service
in the Department of Justice of the custodian of any documentary
material, answers to interrogatories, or transcripts of oral
testimony produced under any demand issued pursuant to this
chapter, or the official relief of such custodian from
responsibility for the custody and control of such material,
answers, or transcripts, the Assistant Attorney General in charge
of the Antitrust Division shall promptly (1) designate another
antitrust investigator to serve as custodian of such material,
answers, or transcripts, and (2) transmit in writing to the person
who produced such material, answers, or testimony notice as to the
identity and address of the successor so designated. Any successor
designated under this subsection shall have with regard to such
material, answers, or transcripts all duties and responsibilities
imposed by this chapter upon his predecessor in office with regard
thereto, except that he shall not be held responsible for any
default or dereliction which occurred prior to his designation.
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