Intel Corp. v. Advanced Micro Devices, Inc.

124 S. Ct. 2466, 159 L. Ed. 2d 355, 17 Fla. L. Weekly Fed. S 399, 542 U.S. 241, 58 Fed. R. Serv. 3d 696, 72 U.S.L.W. 4528, 2004 U.S. LEXIS 4570, 71 U.S.P.Q. 2d (BNA) 1001, 64 Fed. R. Serv. 742
Supreme Court of the United States·Decided June 21, 2004·No. 02-572·Published·Cited by 422 cases

Opinions

Justice Ginsburg

delivered the opinion of the Court.

This case concerns the authority of federal district courts to assist in the production of evidence for use in a foreign or international tribunal. In the matter before us, respondent Advanced Micro Devices, Inc. (AMD), filed an antitrust complaint against petitioner Intel Corporation (Intel) with the Directorate-General for Competition (DG-Competition) of the Commission of the European Communities (European Commission or Commission). In pursuit of that complaint, AMD applied to the United States District Court for the Northern District of California, invoking 28 U. S. C. § 1782(a), for an order requiring Intel to produce potentially relevant documents. Section 1782(a) provides that a federal district court “may order” a person “residing]” or “found” in the district to give testimony or produce documents “for use in a proceeding in a foreign or international tribunal... upon the application of any interested person.”

Concluding that § 1782(a) did not authorize the requested discovery, the District Court denied AMD’s application.. The Court of Appeals for the Ninth Circuit reversed that determination and remanded the case, instructing the District Court to rule on the merits of AMD’s application. In accord with the Court of Appeals, we hold that the District Court had authority finder § 1782(a) to entertain AMD’s discovery request. The statute, we rule, does not categorically bar the assistance AMD seeks: (1) A complainant before the European Commission, such as AMD, qualifies as an “interested person” within §1782(a)’s compass; (2) the Commission is a § 1782(a) “tribunal” when it acts as a first-instance [247]*247decisionmaker; (3) the “proceeding” for which discovery is sought under § 1782(a) must be in reasonable contemplation, but need not be “pending” or “imminent”; and (4) § 1782(a) contains no threshold requirement that evidence sought from a federal district court would be discoverable under the law governing the foreign proceeding. We caution, however, that § 1782(a) authorizes, but does not require, a federal district court to provide judicial assistance to foreign or international tribunals or to “interested person[s]” in proceedings abroad. Whether such assistance is appropriate in this case is a question yet unresolved. To guide the District Court on remand, we suggest considerations relevant to the disposition of that question.

I

A

Section 1782 is the product of congressional efforts, over the span of nearly 150 years, to provide federal-court assistance in gathering evidence for use in foreign tribunals. Congress first provided for federal-court aid to foreign tribunals in 1855; requests for aid took the form of letters rogatory forwarded through diplomatic channels. See Act of Mar. 2, 1855, ch. 140, § 2, 10 Stat. 630 (circuit court may appoint “a United States commissioner designated ... to make the examination of witnesses” on receipt of a letter rogatory from a foreign court); Act of Mar. 3, 1863, ch. 95, § 1, 12 Stat. 769 (authorizing district courts to respond to letters rogatory by compelling witnesses here to provide testimony for use abroad in “suitfs] for the recovery of money or property”).1 In 1948, Congress substantially broadened the scope of as[248]*248sistance federal courts could provide for foreign proceedings. That legislation, codified as § 1782, eliminated the prior requirement that the government of a foreign country be a party or have an interest in the proceeding. The measure allowed district courts to designate persons to preside at depositions “to be used in any civil action pending in any court in a foreign country with which the United States is at peace.” Act of June 25, 1948, ch. 646, § 1782, 62 Stat. 949 (emphasis added). The next year, Congress deleted “civil action” from § 1782’s text and inserted “judicial proceeding.” Act of May 24, 1949, ch. 139, §93, 63 Stat. 103. See generally Jones, International Judicial Assistance: Procedural Chaos and a Program for Reform, 62 Yale L. J. 515 (1953).

In 1958, prompted by the growth of international commerce, Congress created a Commission on International Rules of Judicial Procedure (Rules Commission) to “investigate and study existing practices of judicial assistance and cooperation between the United States and foreign countries with a view to achieving improvements.” Act of Sept. 2, Pub. L. 85-906, §2, 72 Stat. 1743; S. Rep. No. 2392, 85th Cong., 2d Sess., 3 (1958); Smit, International Litigation 1015-1016. Six years later, in 1964, Congress unanimously adopted legislation recommended by the Rules Commission;2 the legislation included a complete revision of § 1782. See Act of Oct. 3, Pub: L. 88-619, § 9, 78 Stat. 997; Smit, International Litigation 1026-1035.

As recast in 1964, § 1782 provided for assistance in obtaining documentary and other tangible evidence as well as testimony. Notably, Congress deleted the words “in any judicial proceeding pending in any court in a foreign country,” and replaced them with the phrase “in a proceeding in a foreign [249]*249or international tribunal.” Brief for United States as Ami-cus Curiae 6, 4a-5a (emphasis added). While the accompanying Senate Report does not account discretely for the deletion of the word “pending,”3 it explains that Congress introduced the word “tribunal” to ensure that “assistance is not confined to proceedings before conventional courts,” but extends also to “administrative and quasi-judicial proceedings.” S. Rep. No. 1580, 88th Cong., 2d Sess., 7 (1964); see H. R. Rep. No. 1052, 88th Cong., 1st Sess., 9 (1963) (same). Congress further amended § 1782(a) in 1996 to add, after the reference to “foreign or international tribunal,” the words “including criminal investigations conducted before formal accusation.” National Defense Authorization Act for Fiscal Year 1996, Pub. L. 104-106, § 1342(b), 110 Stat. 486. Section 1782(a)’s current text reads:

“The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person____ The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing ... [or may be] the Federal Rules of Civil Procedure.
“A person may not be compelled to give his testimony or statement or to produce a document or other thing in 'violation of any legally applicable privilege.” .

[250]*250B

AMD and Intel are “worldwide competitors in the microprocessor industry.” 292 F. 3d 664, 665 (CA9 2002). In October 2000, AMD filed an antitrust complaint with the DG-Competition of the European Commission. Ibid,.; App. 41. “The European Commission is the executive and administrative organ of the European Communities.” Brief for Commission of European Communities as

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Intel Corp. v. Advanced Micro Devices, Inc., 124 S. Ct. 2466, 159 L. Ed. 2d 355, 17 Fla. L. Weekly Fed. S 399, 542 U.S. 241, 58 Fed. R. Serv. 3d 696, 72 U.S.L.W. 4528, 2004 U.S. LEXIS 4570, 71 U.S.P.Q. 2d (BNA) 1001, 64 Fed. R. Serv. 742 (U.S. 2004).

124 S. Ct. 2466 (Intel Corp. v. Advanced Micro Devices, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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