Investigative Demands under Ohio's Antitrust Law: A Close Look at the Statute

Since March 13, 1978, the Ohio Attorney General has had the power to issue civil antitrust investigative demands. The statute giving him that power was drafted by the Office of the Attorney General and enacted substantially in the form in which it was submitted. It draws heavily upon the Federal Antitrust Civil Process Act, parallel state statutes, and the investigative provisions contained in the Uniform State Antitrust Act. The Ohio statute does not, however, precisely track any of its predecessors.

Partly for that reason, and partly because of infelicities of draftsmanship, it contains a number of ambiguities and presents a number of problems which require careful attention.