A. As used in this section:
1. "Antitrust investigation" and "investigation" mean any inquiry conducted by the Attorney General for the purpose of ascertaining whether any person is or has been engaged in or is actively preparing to engage in activities which may constitute an antitrust violation;
2. "Antitrust violation" means any act or omission in violation of any of the prohibitions contained in this act or in violation of any of the antitrust laws set forth in 15 U.S.C., Section 12(a);
3. "Civil investigative demand" and "demand" mean any demand issued by the Attorney General under subsection B of this section and consistent with the discovery methods set forth in subsection A of Section 3226 of Title 12 of the Oklahoma Statutes; and
4. "Person" means a natural person, proprietorship, partnership, corporation, limited liability company, municipal corporation, public trust, association, or any other public or private entity, however organized, and includes any person acting under color or authority of state law.
B. Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any information, documentary material, or physical evidence relevant to a civil antitrust investigation, the Attorney General may, prior to the institution of a civil proceeding, obtain discovery by issuing in writing and serving upon the person a civil investigative demand requiring the person to produce the information, documentary material, or physical evidence for inspection and copying, to permit entry upon land or other property, to answer in writing written interrogatories, to give oral testimony, or to provide any combination of the above.
1. Each demand shall describe the nature of the activities that are the subject of the investigation and shall set forth each statute and section of that statute that may have been or may be violated as a result of the activities. Each demand shall advise the person upon whom the demand is to be served that the person has the right to object to the demand as provided for in this section;
2. Each demand for production of documentary material and for answers to written interrogatories shall prescribe a reasonable return date or dates by which the material shall be produced and the answers to interrogatories shall be submitted;
3. Each demand for the giving of oral testimony shall prescribe a reasonable date, time, and place at which the testimony shall begin.
C. 1. A demand issued under subsection B of this section may require compliance only if the material or information sought would be discoverable under the Oklahoma Discovery Code, and only in the manner prescribed in the applicable provisions therein.
2. A demand under subsection B of this section may not be issued upon the Oklahoma Tax Commission for records or files which are considered confidential and privileged under Section 205 of Title 68 of the Oklahoma Statutes.
D. At any time before the return date specified in a demand or within twenty (20) days after the demand has been served, whichever period is shorter, the person who has been served and, in the case of a demand for a product of discovery, the person from whom the discovery is sought, may file a petition for an order modifying or setting aside the demand in the district court in the county of the person's residence or principal office or place of business. Any such petition shall specify each ground upon which the petitioner relies in seeking the relief sought. The petition may be based upon any failure of such demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner. The petitioner shall serve a copy of the petition upon the Attorney General. The Attorney General may submit an answer to the petition. In ruling on the petition, the court shall presume absent evidence to the contrary that the Attorney General issued the demand in good faith and within the scope of his or her authority. The time for compliance with the demand in whole or in part shall not run during the pendency of any petition filed under this subsection; provided, however, that the petitioner shall comply, with any portions of the demand not sought to be modified or set aside.
E. A person on whom a demand is served shall comply with the terms of the demand unless otherwise provided by court order.
F. 1. Whenever any person fails to comply with any demand duly served on that person under this section, the Attorney General may file in the district court in the county in which the person resides, is found, or transacts business and serve on the person a petition for an order of the court for enforcement of this section. If the person transacts business in more than one county, the petition shall be filed in the county of the person's principal office or place of business in the state or in any other county as may be agreed upon by the person and the Attorney General.
2. Any person, who, with intent to avoid, evade, or prevent compliance in whole or part with a demand issued under this section, removes from any place, conceals, withholds, destroys, mutilates, alters, or by any other means falsifies any documentary material or otherwise provides inaccurate information is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by confinement in the county jail for not more than one (1) year or by both such fine and imprisonment.
G. 1. Not later than fifteen (15) days prior to disclosing under this subsection any documentary material or answers to written interrogatories designated as containing trade secrets or confidential information, the Attorney General shall notify the person who produced the material of the Attorney General's intent to make the disclosure. After providing such notification, the Attorney General may petition a district court in any county of this state in which the person resides, does business, or maintains its principal office for an order authorizing disclosure of the trade secrets or confidential information. After notice and hearing, if so ordered, the Attorney General may disclose the trade secrets or confidential information.
2. Upon written request, the Attorney General shall return documentary material produced under this section in connection with an antitrust investigation to the person who produced it whenever:
H. Whenever any petition is filed in the district court as provided for in this section, the court shall have jurisdiction to hear and determine the matter presented and to enter any order or orders required to implement the provisions of this section. Any final order shall be subject to appeal. Failure to comply with any final order entered by a court under this section is punishable by the court as contempt.
Added by Laws 1998, c. 356, § 10, eff. July 1, 1998.