Official Investigation

(a)If the Attorney General has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation for a violation of this chapter, the Attorney General may serve upon the person, before bringing any action in the Superior Court, a written demand to appear and be examined under oath, to answer written interrogatories under oath, or to produce the document or object for inspection and copying. The demand must:

(1)Be served upon the person in a manner required for service of process in Guam;

(2)Describe the nature of the conduct constituting the violation under investigation;

(3)Describe the document or object with sufficient definiteness to permit it to be fairly identified;

(4)Contain a copy of the written interrogatories;

(5)Prescribe a reasonable time in which the person must appear to testify, within which to answer the written interrogatories, or within which the document or object must be produced, and advise the person that a reasonable opportunity will be afforded for examination and notation of corrections upon any transcript of an oral examination, that a copy of one's own transcript can be obtained upon payment of reasonable charges, and that objections to or reasons for not complying with the demand may be filed with the Attorney General at or before the designated time;

(6)Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or objects; and COL120106 CH. 69 ANTITRUST L AW

(7)Be served with a copy of this chapter.

(b)If a person objects to or otherwise fails to comply with the written demand served upon that person under subsection

(a)of this section, the Attorney General may file in the Superior Court of Guam a petition for an order to enforce the demand. Notice of hearing the petition and a copy of the petition must be served upon the person, who may appear in opposition to the petition. If the court finds that the demand is proper, that there is reasonable cause to believe there has been a violation of this chapter, and that the information sought or document or object demanded is relevant to the violation, it shall order the person to comply with the demand, subject to modifications the court may prescribe. Upon motion by the person and for good cause shown, the court may make any further order in the proceedings that justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, or expense.

(c)Any procedure, testimony taken, or material produced under this chapter and in the hands of the Attorney General is not a public document before bringing an action against the person under this chapter for the violation under investigation, unless confidentiality is waived by the person being investigated and the person who has testified, answered interrogatories or produced material, or disclosure is authorized by the court. Nothing herein shall preclude discovery being had in any other case of materials obtained from a person and in the possession of the Attorney General, to the same extent the material would be discoverable if it was in the possession of the person from whom taken.

(d)Any person compelled to appear under this section and required to testify under oath may be accompanied, represented and advised by counsel. An objection may properly be made, received and entered upon the record when it is claimed that such person is entitled to refuse to answer the questions on grounds of any constitutional or any other legal right or privilege.

(e)Nothing in this section shall be construed to prevent the regular use by the Attorney General of a grand jury for the production of documents or issuance subpoenas for witnesses, when the investigation relates to a criminal violation of this Chapter.