§ 45. — Unfair methods of competition unlawful; prevention by Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC45]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER I--FEDERAL TRADE COMMISSION
Sec. 45. Unfair methods of competition unlawful; prevention by
Commission
(a) Declaration of unlawfulness; power to prohibit unfair practices;
inapplicability to foreign trade
(1) Unfair methods of competition in or affecting commerce, and
unfair or deceptive acts or practices in or affecting commerce, are
hereby declared unlawful.
(2) The Commission is hereby empowered and directed to prevent
persons, partnerships, or corporations, except banks, savings and loan
institutions described in section 57a(f)(3) of this title, Federal
credit unions described in section 57a(f)(4) of this title, common
carriers subject to the Acts to regulate commerce, air carriers and
foreign air carriers subject to part A of subtitle VII of title 49, and
persons, partnerships, or corporations insofar as they are subject to
the Packers and Stockyards Act, 1921, as amended [7 U.S.C. 181 et seq.],
except as provided in section 406(b) of said Act [7 U.S.C. 227(b)], from
using unfair methods of competition in or affecting commerce and unfair
or deceptive acts or practices in or affecting commerce.
(3) This subsection shall not apply to unfair methods of competition
involving commerce with foreign nations (other than import commerce)
unless--
(A) such methods of competition have a direct, substantial, and
reasonably foreseeable effect--
(i) on commerce which is not commerce with foreign nations,
or on import commerce with foreign nations; or
(ii) on export commerce with foreign nations, of a person
engaged in such commerce in the United States; and
(B) such effect gives rise to a claim under the provisions of
this subsection, other than this paragraph.
If this subsection applies to such methods of competition only because
of the operation of subparagraph (A)(ii), this subsection shall apply to
such conduct only for injury to export business in the United States.
(b) Proceeding by Commission; modifying and setting aside orders
Whenever the Commission shall have reason to believe that any such
person, partnership, or corporation has been or is using any unfair
method of competition or unfair or deceptive act or practice in or
affecting commerce, and if it shall appear to the Commission that a
proceeding by it in respect thereof would be to the interest of the
public, it shall issue and serve upon such person, partnership, or
corporation a complaint stating its charges in that respect and
containing a notice of a hearing upon a day and at a place therein fixed
at least thirty days after the service of said complaint. The person,
partnership, or corporation so complained of shall have the right to
appear at the place and time so fixed and show cause why an order should
not be entered by the Commission requiring such person, partnership, or
corporation to cease and desist from the violation of the law so charged
in said complaint. Any person, partnership, or corporation may make
application, and upon good cause shown may be allowed by the Commission
to intervene and appear in said proceeding by counsel or in person. The
testimony in any such proceeding shall be reduced to writing and filed
in the office of the Commission. If upon such hearing the Commission
shall be of the opinion that the method of competition or the act or
practice in question is prohibited by this subchapter, it shall make a
report in writing in which it shall state its findings as to the facts
and shall issue and cause to be served on such person, partnership, or
corporation an order requiring such person, partnership, or corporation
to cease and desist from using such method of competition or such act or
practice. Until the expiration of the time allowed for filing a petition
for review, if no such petition has been duly filed within such time,
or, if a petition for review has been filed within such time then until
the record in the proceeding has been filed in a court of appeals of the
United States, as hereinafter provided, the Commission may at any time,
upon such notice and in such manner as it shall deem proper, modify or
set aside, in whole or in part, any report or any order made or issued
by it under this section. After the expiration of the time allowed for
filing a petition for review, if no such petition has been duly filed
within such time, the Commission may at any time, after notice and
opportunity for hearing, reopen and alter, modify, or set aside, in
whole or in part any report or order made or issued by it under this
section, whenever in the opinion of the Commission conditions of fact or
of law have so changed as to require such action or if the public
interest shall so require, except that (1) the said person, partnership,
or corporation may, within sixty days after service upon him or it of
said report or order entered after such a reopening, obtain a review
thereof in the appropriate court of appeals of the United States, in the
manner provided in subsection (c) of this section; and (2) in the case
of an order, the Commission shall reopen any such order to consider
whether such order (including any affirmative relief provision contained
in such order) should be altered, modified, or set aside, in whole or in
part, if the person, partnership, or corporation involved files a
request with the Commission which makes a satisfactory showing that
changed conditions of law or fact require such order to be altered,
modified, or set aside, in whole or in part. The Commission shall
determine whether to alter, modify, or set aside any order of the
Commission in response to a request made by a person, partnership, or
corporation under paragraph \1\ (2) not later than 120 days after the
date of the filing of such request.
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\1\ So in original. Probably should be ``clause''.
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(c) Review of order; rehearing
Any person, partnership, or corporation required by an order of the
Commission to cease and desist from using any method of competition or
act or practice may obtain a review of such order in the court of
appeals of the United States, within any circuit where the method of
competition or the act or practice in question was used or where such
person, partnership, or corporation resides or carries on business, by
filing in the court, within sixty days from the date of the service of
such order, a written petition praying that the order of the Commission
be set aside. A copy of such petition shall be forthwith transmitted by
the clerk of the court to the Commission, and thereupon the Commission
shall file in the court the record in the proceeding, as provided in
section 2112 of title 28. Upon such filing of the petition the court
shall have jurisdiction of the proceeding and of the question determined
therein concurrently with the Commission until the filing of the record
and shall have power to make and enter a decree affirming, modifying, or
setting aside the order of the Commission, and enforcing the same to the
extent that such order is affirmed and to issue such writs as are
ancillary to its jurisdiction or are necessary in its judgement to
prevent injury to the public or to competitors pendente lite. The
findings of the Commission as to the facts, if supported by evidence,
shall be conclusive. To the extent that the order of the Commission is
affirmed, the court shall thereupon issue its own order commanding
obedience to the terms of such order of the Commission. If either party
shall apply to the court for leave to adduce additional evidence, and
shall show to the satisfaction of the court that such additional
evidence is material and that there were reasonable grounds for the
failure to adduce such evidence in the proceeding before the Commission,
the court may order such additional evidence to be taken before the
Commission and to be adduced upon the hearing in such manner and upon
such terms and conditions as to the court may seem proper. The
Commission may modify its findings as to the facts, or make new
findings, by reason of the additional evidence so taken, and it shall
file such modified or new findings, which, if supported by evidence,
shall be conclusive, and its recommendation, if any, for the
modification or setting aside of its original order, with the return of
such additional evidence. The judgment and decree of the court shall be
final, except that the same shall be subject to review by the Supreme
Court upon certiorari, as provided in section 1254 of title 28.
(d) Jurisdiction of court
Upon the filing of the record with it the jurisdiction of the court
of appeals of the United States to affirm, enforce, modify, or set aside
orders of the Commission shall be exclusive.
(e) Exemption from liability
No order of the Commission or judgement of court to enforce the same
shall in anywise relieve or absolve any person, partnership, or
corporation from any liability under the Antitrust Acts.
(f) Service of complaints, orders and other processes; return
Complaints, orders, and other processes of the Commission under this
section may be served by anyone duly authorized by the Commission,
either (a) by delivering a copy thereof to the person to be served, or
to a member of the partnership to be served, or the president,
secretary, or other executive officer or a director of the corporation
to be served; or (b) by leaving a copy thereof at the residence or the
principal office or place of business of such person, partnership, or
corporation; or (c) by mailing a copy thereof by registered mail or by
certified mail addressed to such person, partnership, or corporation at
his or its residence or principal office or place of business. The
verified return by the person so serving said complaint, order, or other
process setting forth the manner of said service shall be proof of the
same, and the return post office receipt for said complaint, order, or
other process mailed by registered mail or by certified mail as
aforesaid shall be proof of the service of the same.
(g) Finality of order
An order of the Commission to cease and desist shall become final--
(1) Upon the expiration of the time allowed for filing a
petition for review, if no such petition has been duly filed within
such time; but the Commission may thereafter modify or set aside its
order to the extent provided in the last sentence of subsection (b).
(2) Except as to any order provision subject to paragraph (4),
upon the sixtieth day after such order is served, if a petition for
review has been duly filed; except that any such order may be
stayed, in whole or in part and subject to such conditions as may be
appropriate, by--
(A) the Commission;
(B) an appropriate court of appeals of the United States, if
(i) a petition for review of such order is pending in such
court, and (ii) an application for such a stay was previously
submitted to the Commission and the Commission, within the 30-
day period beginning on the date the application was received by
the Commission, either denied the application or did not grant
or deny the application; or
(C) the Supreme Court, if an applicable petition for
certiorari is pending.
(3) For purposes of subsection (m)(1)(B) of this section and of
section 57b(a)(2) of this title, if a petition for review of the
order of the Commission has been filed--
(A) upon the expiration of the time allowed for filing a
petition for certiorari, if the order of the Commission has been
affirmed or the petition for review has been dismissed by the
court of appeals and no petition for certiorari has been duly
filed;
(B) upon the denial of a petition for certiorari, if the
order of the Commission has been affirmed or the petition for
review has been dismissed by the court of appeals; or
(C) upon the expiration of 30 days from the date of issuance
of a mandate of the Supreme Court directing that the order of
the Commission be affirmed or the petition for review be
dismissed.
(4) In the case of an order provision requiring a person,
partnership, or corporation to divest itself of stock, other share
capital, or assets, if a petition for review of such order of the
Commission has been filed--
(A) upon the expiration of the time allowed for filing a
petition for certiorari, if the order of the Commission has been
affirmed or the petition for review has been dismissed by the
court of appeals and no petition for certiorari has been duly
filed;
(B) upon the denial of a petition for certiorari, if the
order of the Commission has been affirmed or the petition for
review has been dismissed by the court of appeals; or
(C) upon the expiration of 30 days from the date of issuance
of a mandate of the Supreme Court directing that the order of
the Commission be affirmed or the petition for review be
dismissed.
(h) Modification or setting aside of order by Supreme Court
If the Supreme Court directs that the order of the Commission be
modified or set aside, the order of the Commission rendered in
accordance with the mandate of the Supreme Court shall become final upon
the expiration of thirty days from the time it was rendered, unless
within such thirty days either party has instituted proceedings to have
such order corrected to accord with the mandate, in which event the
order of the Commission shall become final when so corrected.
(i) Modification or setting aside of order by Court of Appeals
If the order of the Commission is modified or set aside by the court
of appeals, and if (1) the time allowed for filing a petition for
certiorari has expired and no such petition has been duly filed, or (2)
the petition for certiorari has been denied, or (3) the decision of the
court has been affirmed by the Supreme Court, then the order of the
Commission rendered in accordance with the mandate of the court of
appeals shall become final on the expiration of thirty days from the
time such order of the Commission was rendered, unless within such
thirty days either party has instituted proceedings to have such order
corrected so that it will accord with the mandate, in which event the
order of the Commission shall become final when so corrected.
(j) Rehearing upon order or remand
If the Supreme Court orders a rehearing; or if the case is remanded
by the court of appeals to the Commission for a rehearing, and if (1)
the time allowed for filing a petition for certiorari has expired, and
no such petition has been duly filed, or (2) the petition for certiorari
has been denied, or (3) the decision of the court has been affirmed by
the Supreme Court, then the order of the Commission rendered upon such
rehearing shall become final in the same manner as though no prior order
of the Commission had been rendered.
(k) ``Mandate'' defined
As used in this section the term ``mandate'', in case a mandate has
been recalled prior to the expiration of thirty days from the date of
issuance thereof, means the final mandate.
(l) Penalty for violation of order; injunctions and other appropriate
equitable relief
Any person, partnership, or corporation who violates an order of the
Commission after it has become final, and while such order is in effect,
shall forfeit and pay to the United States a civil penalty of not more
than $10,000 for each violation, which shall accrue to the United States
and may be recovered in a civil action brought by the Attorney General
of the United States. Each separate violation of such an order shall be
a separate offense, except that in a case of a violation through
continuing failure to obey or neglect to obey a final order of the
Commission, each day of continuance of such failure or neglect shall be
deemed a separate offense. In such actions, the United States district
courts are empowered to grant mandatory injunctions and such other and
further equitable relief as they deem appropriate in the enforcement of
such final orders of the Commission.
(m) Civil actions for recovery of penalties for knowing violations of
rules and cease and desist orders respecting unfair or deceptive
acts or practices; jurisdiction; maximum amount of penalties;
continuing violations; de novo determinations; compromise or
settlement procedure
(1)(A) The Commission may commence a civil action to recover a civil
penalty in a district court of the United States against any person,
partnership, or corporation which violates any rule under this chapter
respecting unfair or deceptive acts or practices (other than an
interpretive rule or a rule violation of which the Commission has
provided is not an unfair or deceptive act or practice in violation of
subsection (a)(1) of this section) with actual knowledge or knowledge
fairly implied on the basis of objective circumstances that such act is
unfair or deceptive and is prohibited by such rule. In such action, such
person, partnership, or corporation shall be liable for a civil penalty
of not more than $10,000 for each violation.
(B) If the Commission determines in a proceeding under subsection
(b) of this section that any act or practice is unfair or deceptive, and
issues a final cease and desist order, other than a consent order, with
respect to such act or practice, then the Commission may commence a
civil action to obtain a civil penalty in a district court of the United
States against any person, partnership, or corporation which engages in
such act or practice--
(1) after such cease and desist order becomes final (whether or
not such person, partnership, or corporation was subject to such
cease and desist order), and
(2) with actual knowledge that such act or practice is unfair or
deceptive and is unlawful under subsection (a)(1) of this section.
In such action, such person, partnership, or corporation shall be liable
for a civil penalty of not more than $10,000 for each violation.
(C) In the case of a violation through continuing failure to comply
with a rule or with subsection (a)(1) of this section, each day of
continuance of such failure shall be treated as a separate violation,
for purposes of subparagraphs (A) and (B). In determining the amount of
such a civil penalty, the court shall take into account the degree of
culpability, any history of prior such conduct, ability to pay, effect
on ability to continue to do business, and such other matters as justice
may require.
(2) If the cease and desist order establishing that the act or
practice is unfair or deceptive was not issued against the defendant in
a civil penalty action under paragraph (1)(B) the issues of fact in such
action against such defendant shall be tried de novo. Upon request of
any party to such an action against such defendant, the court shall also
review the determination of law made by the Commission in the proceeding
under subsection (b) of this section that the act or practice which was
the subject of such proceeding constituted an unfair or deceptive act or
practice in violation of subsection (a) of this section.
(3) The Commission may compromise or settle any action for a civil
penalty if such compromise or settlement is accompanied by a public
statement of its reasons and is approved by the court.
(n) Standard of proof; public policy consideration
The Commission shall have no authority under this section or section
57a of this title to declare unlawful an act or practice on the grounds
that such act or practice is unfair unless the act or practice causes or
is likely to cause substantial injury to consumers which is not
reasonably avoidable by consumers themselves and not outweighed by
countervailing benefits to consumers or to competition. In determining
whether an act or practice is unfair, the Commission may consider
established public policies as evidence to be considered with all other
evidence. Such public policy considerations may not serve as a primary
basis for such determination.
(Sept. 26, 1914, ch. 311, Sec. 5, 38 Stat. 719; Mar. 21, 1938, ch. 49,
Sec. 3, 52 Stat. 111; June 23, 1938, ch. 601, title XI, Sec. 1107(f), 52
Stat. 1028; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24,
1949, ch. 139, Sec. 127, 63 Stat. 107; Mar. 16, 1950, ch. 61, Sec. 4(c),
64 Stat. 21; July 14, 1952, ch. 745, Sec. 2, 66 Stat. 632; Pub. L. 85-
726, title XIV, Secs. 1401(b), 1411, Aug. 23, 1958, 72 Stat. 806, 809;
Pub. L. 85-791, Sec. 3, Aug. 28, 1958, 72 Stat. 942; Pub. L. 85-909,
Sec. 3, Sept. 2, 1958, 72 Stat. 1750; Pub. L. 86-507, Sec. 1(13), June
11, 1960, 74 Stat. 200; Pub. L. 93-153, title IV, Sec. 408(c), (d), Nov.
16, 1973, 87 Stat. 591, 592; Pub. L. 93-637, title II, Secs. 201(a),
204(b), 205(a), Jan. 4, 1975, 88 Stat. 2193, 2200; Pub. L. 94-145,
Sec. 3, Dec. 12, 1975, 89 Stat. 801; Pub. L. 96-37, Sec. 1(a), July 23,
1979, 93 Stat. 95; Pub. L. 96-252, Sec. 2, May 28, 1980, 94 Stat. 374;
Pub. L. 97-290, title IV, Sec. 403, Oct. 8, 1982, 96 Stat. 1246; Pub. L.
98-620, title IV, Sec. 402(12), Nov. 8, 1984, 98 Stat. 3358; Pub. L.
100-86, title VII, Sec. 715(a)(1), Aug. 10, 1987, 101 Stat. 655; Pub. L.
103-312, Secs. 4, 6, 9, Aug. 26, 1994, 108 Stat. 1691, 1692, 1695.)
References in Text
The Acts to regulate commerce, referred to in subsec. (a)(2), are
defined in section 44 of this title.
The Packers and Stockyards Act, 1921, as amended, referred to in
subsec. (a)(2), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as amended,
which is classified to chapter 9 (Sec. 181 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
section 181 of Title 7 and Tables.
The Antitrust Acts, referred to in subsec. (e), are defined in
section 44 of this title.
Codification
In subsec. (a)(2), ``part A of subtitle VII of title 49''
substituted for ``the Federal Aviation Act of 1958 [49 App. U.S.C. 1301
et seq.]'' on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108
Stat. 1378, the first section of which enacted subtitles II, III, and V
to X of Title 49, Transportation.
In subsec. (c), ``section 1254 of title 28'' substituted for
``section 240 of the Judicial Code [28 U.S.C. 347]'' on authority of act
June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted
Title 28, Judiciary and Judicial Procedure.
Amendments
1994--Subsec. (g)(1). Pub. L. 103-312, Sec. 6(d), substituted a
period for ``; or'' at end.
Subsec. (g)(2). Pub. L. 103-312, Sec. 6(a), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``Upon the
expiration of the time allowed for filing a petition for certiorari, if
the order of the Commission has been affirmed, or the petition for
review dismissed by the court of appeals, and no petition for certiorari
has been duly filed; or''.
Subsec. (g)(3). Pub. L. 103-312, Sec. 6(b), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``Upon the
denial of a petition for certiorari, if the order of the Commission has
been affirmed or the petition for review dismissed by the court of
appeals; or''.
Subsec. (g)(4). Pub. L. 103-312, Sec. 6(c), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ``Upon the
expiration of thirty days from the date of issuance of the mandate of
the Supreme Court, if such Court directs that the order of the
Commission be affirmed or the petition for review dismissed.''
Subsec. (m)(1)(B). Pub. L. 103-312, Sec. 4(a), inserted ``, other
than a consent order,'' after ``a final cease and desist order'' in
introductory provisions.
Subsec. (m)(2). Pub. L. 103-312, Sec. 4(b), inserted at end ``Upon
request of any party to such an action against such defendant, the court
shall also review the determination of law made by the Commission in the
proceeding under subsection (b) of this section that the act or practice
which was the subject of such proceeding constituted an unfair or
deceptive act or practice in violation of subsection (a) of this
section.''
Subsec. (n). Pub. L. 103-312, Sec. 9, added subsec. (n).
1987--Subsec. (a)(2). Pub. L. 100-86 inserted ``Federal credit
unions described in section 57a(f)(4) of this title,'' after ``section
57a(f)(3) of this title,''.
1984--Subsec. (e). Pub. L. 98-620 struck out provision that such
proceedings in the court of appeals had to be given precedence over
other cases pending therein, and had to be in every way expedited.
1982--Subsec. (a)(3). Pub. L. 97-290 added par. (3).
1980--Subsec. (b). Pub. L. 96-252 added cl. (2) and provision
following cl. (2) requiring that the Commission determine whether to
alter, modify, or set aside any order of the Commission in response to a
request made by a person, partnership, or corporation under paragraph
(2) not later than 120 days after the date of the filing of such
request.
1979--Subsec. (a)(2). Pub. L. 96-37 added savings and loan
institutions described in section 57a(f)(3) of this title to the
enumeration of entities exempted from the Commission's power to prevent
the use of unfair methods of competition and unfair or deceptive acts or
practices.
1975--Pub. L. 93-637, Sec. 201(a), substituted ``in or affecting
commerce'' for ``in commerce'' wherever appearing.
Subsec. (a). Pub. L. 94-145 struck out pars. (2) to (5) which
permitted fair trade pricing of articles for retail sale and State
enactment of nonsigner provisions, and redesignated par. (6) as (2).
Subsec. (m). Pub. L. 93-637, Secs. 204(b), 205(a), added subsec.
(m). Former subsec. (m), relating to the election by the Commission to
appear in its own name after notifying and consulting with and giving
the Attorney General 10 days to take the action proposed by the
Commission, was struck out.
1973--Subsec. (l). Pub. L. 93-153, Sec. 408(c), raised the maximum
civil penalty for each violation to $10,000 and inserted provisions
empowering the United States District Courts to grant mandatory
injunctions and such other and further equitable relief as they might
deem appropriate for the enforcement of final Commission orders.
Subsec. (m). Pub. L. 93-153, Sec. 408(d), added subsec. (m).
1960--Subsec. (f). Pub. L. 86-507 substituted ``mailing a copy
thereof by registered mail or by certified mail'' for ``registering and
mailing a copy thereof'', and ``mailed by registered mail or by
certified mail'' for ``registered and mailed''.
1958--Subsec. (a)(6). Pub. L. 85-909 substituted ``persons,
partnerships, or corporations insofar as they are subject to the Packers
and Stockyards Act, 1921, as amended,'' for ``persons, partnerships or
corporations subject to the Packers and Stockyards Act, 1921,''.
Pub. L. 85-726, Sec. 1411, substituted ``Federal Aviation Act of
1958'' for ``Civil Aeronautics Act of 1938''.
Subsec. (b). Pub. L. 85-791, Sec. 3(a), struck out ``the transcript
of'' before ``the record in the proceeding'' in sixth sentence.
Subsec. (c). Pub. L. 85-791, Sec. 3(b), in second sentence,
substituted ``transmitted by the clerk of the court to'' for ``served
upon'', and ``Commission shall file in the court the record in the
proceeding, as provided in section 2112 of title 28'' for ``Commission
forthwith shall certify and file in the court a transcript of the entire
record in the proceeding, including all the evidence taken and the
report and order of the Commission'', and which, in third sentence
struck out ``and transcript'' after ``petition'', inserted
``concurrently with the Commission until the filing of the record'' and
struck out ``upon the pleadings, evidence, and proceedings set forth in
such transcript'' before ``a decree affirming''.
Subsec. (d). Pub. L. 85-791, Sec. 3(c), substituted ``Upon the
filing of the record with it the'' for ``The''.
1952--Subsec. (a). Act July 14, 1952, amended subsec. (a) generally
to permit fair trade pricing of articles for retail sale.
1950--Subsec. (l). Act Mar. 16, 1950, inserted last sentence to make
each separate violation of a cease and desist order as a separate
offense, except that each day of a continuing failure to obey a final
order shall be a separate offense.
1938--Subsec. (a). Act June 23, 1938, inserted ``air carriers and
foreign air carriers subject to chapter 9 of title 49'' in second par.
Act Mar. 21, 1938, amended section generally.
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24,
1949, substituted ``court of appeals'' for ``circuit court of appeals''.
Effective Date of 1994 Amendment
Section 15 of Pub. L. 103-312 provided that:
``(a) In General.--Except as provided in subsections (b), (c), (d),
and (e), the provisions of this Act [enacting section 57b-5 of this
title, amending this section and sections 53, 57a, 57b-1, 57b-2, 57c,
and 58 of this title, and enacting provisions set out as notes under
sections 57c and 58 of this title] shall take effect on the date of
enactment of this Act [Aug. 26, 1994].
``(b) Applicability of Section 5.--The amendment made by section 5
of this Act [amending section 57a of this title] shall apply only to
rulemaking proceedings initiated after the date of enactment of this
Act. Such amendment shall not be construed to affect in any manner a
rulemaking proceeding which was initiated before the date of enactment
of this Act [Aug. 26, 1994].
``(c) Applicability of Section 6.--The amendments made by section 6
of this Act [amending this section] shall apply only with respect to
cease and desist orders issued under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) after the date of enactment of this Act
[Aug. 26, 1994]. These amendments shall not be construed to affect in
any manner a cease and desist order which was issued before the date of
enactment of this Act.
``(d) Applicability of Sections 7 and 8.--The amendments made by
sections 7 and 8 of this Act [amending sections 57b-1 and 57b-2 of this
title] shall apply only with respect to compulsory process issued after
the date of enactment of this Act [Aug. 26, 1994].
``(e) Applicability of Section 9.--The amendments made by section 9
of this Act [amending this section] shall apply only with respect to
cease and desist orders issued under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45), or to rules promulgated under section 18
of the Federal Trade Commission Act (15 U.S.C. 57a) after the date of
enactment of this Act [Aug. 26, 1994]. These amendments shall not be
construed to affect in any manner a cease and desist order which was
issued, or a rule which was promulgated, before the date of enactment of
this Act. These amendments shall not be construed to affect in any
manner a cease and desist order issued after the date of enactment of
this Act, if such order was issued pursuant to remand from a court of
appeals or the Supreme Court of an order issued by the Federal Trade
Commission before the date of enactment of this Act.''
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date
note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1980 Amendment
Section 23 of Pub. L. 96-252 provided that: ``The provisions of this
Act [enacting sections 57a-1 and 57b-1 to 57b-4 of this title, amending
this section and sections 46, 50, 57a, 57c, and 58 of this title, and
enacting provisions set out as notes under sections 46, 57a, 57a-1, 57c,
and 58 of this title], and the amendments made by this Act, shall take
effect on the date of the enactment of this Act [May 28, 1980].''
Effective Date of 1975 Amendments
Amendment by Pub. L. 94-145 effective upon expiration of ninety-day
period beginning on Dec. 12, 1975, see section 4 of Pub. L. 94-145, set
out as a note under section 1 of this title.
Amendment by section 204(b) of Pub. L. 93-637 not applicable to any
civil action commenced before Jan. 4, 1975, see section 204(c) of Pub.
L. 93-637, set out as a note under section 56 of this title.
Section 205(b) of Pub. L. 93-637 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall not
apply to any violation, act, or practice to the extent that such
violation, act, or practice occurred before the date of enactment of
this Act [Jan. 4, 1975].''
Effective Date of 1958 Amendment
Amendment by Pub. L. 85-726 effective on 60th day following the date
on which the Administrator of the Federal Aviation Agency first
appointed under Pub. L. 85-726 qualifies and takes office, see section
1505(2) of Pub. L. 85-726. The Administrator was appointed, qualified,
and took office on Oct. 31, 1958.
Effective Date of 1950 Amendment
Amendment by act Mar. 16, 1950, effective July 1, 1950, see note set
out under section 347 of Title 21, Food and Drugs.
Transfer of Functions
For transfer of functions of Federal Trade Commission, with certain
exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of
1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out
under section 41 of this title.
Congressional Findings and Declaration of Purpose Covering Grant of
District Subpena Enforcement Authority and Authority To Grant
Preliminary Injunctive Relief
Section 408(a), (b) of Pub. L. 93-153 provided that:
``(a)(1) The Congress hereby finds that the investigative and law
enforcement responsibilities of the Federal Trade Commission have been
restricted and hampered because of inadequate legal authority to enforce
subpenas and to seek preliminary injunctive relief to avoid unfair
competitive practices.
``(2) The Congress further finds that as a direct result of this
inadequate legal authority significant delays have occurred in a major
investigation into the legality of the structure, conduct, and
activities of the petroleum industry, as well as in other major
investigations designed to protect the public interest.
``(b) It is the purpose of this Act [amending this section and
sections 46, 53, and 56 of this title] to grant the Federal Trade
Commission the requisite authority to insure prompt enforcement of the
laws the Commission administers by granting statutory authority to
directly enforce subpenas issued by the Commission and to seek
preliminary injunctive relief to avoid unfair competitive practices.''
Purpose of Act July 14, 1952
Section 1 of act July 14, 1952, provided: ``That it is the purpose
of this Act [amending this section] to protect the rights of States
under the United States Constitution to regulate their internal affairs
and more particularly to enact statutes and laws, and to adopt policies,
which authorize contracts and agreements prescribing minimum or
stipulated prices for the resale of commodities and to extend the
minimum or stipulated prices prescribed by such contracts and agreements
to persons who are not parties thereto. It is the further purpose of
this Act to permit such statutes, laws, and public policies to apply to
commodities, contracts, agreements, and activities in or affecting
interstate or foreign commerce.''
Section Referred to in Other Sections
This section is referred to in sections 1, 16a, 18a, 37a, 45a, 52,
53, 56, 57a, 57b, 57b-1, 1456, 1679h, 1681s, 2310, 2823, 4002, 4021,
4301, 4404, 5711, 5721, 6211, 6501, 6701 of this title; title 7 sections
193, 228b-2; title 12 sections 1831u, 1841; title 16 sections 824k,
1385; title 17 section 109; title 21 sections 347b, 378; title 39
section 3009; title 42 section 6303; title 47 section 303c; title 49
section 32908; title 50 App. section 2158.
