§ 56. — Commencement, defense, intervention and supervision of litigation and appeal by Commission or Attorney General.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC56]
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. 56. Commencement, defense, intervention and supervision of
litigation and appeal by Commission or Attorney General
(a) Procedure for exercise of authority to litigate or appeal
(1) Except as otherwise provided in paragraph (2) or (3), if--
(A) before commencing, defending, or intervening in, any civil
action involving this subchapter (including an action to collect a
civil penalty) which the Commission, or the Attorney General on
behalf of the Commission, is authorized to commence, defend, or
intervene in, the Commission gives written notification and
undertakes to consult with the Attorney General with respect to such
action; and
(B) the Attorney General fails within 45 days after receipt of
such notification to commence, defend, or intervene in, such action;
the Commission may commence, defend, or intervene in, and supervise the
litigation or, such action and any appeal of such action in its own name
by any of its attorneys designated by it for such purpose.
(2) Except as otherwise provided in paragraph (3), in any civil
action--
(A) under section 53 of this title (relating to injunctive
relief);
(B) under section 57b of this title (relating to consumer
redress);
(C) to obtain judicial review of a rule prescribed by the
Commission, or a cease and desist order issued under section 45 of
this title; or
(D) under the second paragraph of section 49 of this title
(relating to enforcement of a subpena) and under the fourth
paragraph of such section (relating to compliance with section 46 of
this title);
the Commission shall have exclusive authority to commence or defend, and
supervise the litigation of, such action and any appeal of such action
in its own name by any of its attorneys designated by it for such
purpose, unless the Commission authorizes the Attorney General to do so.
The Commission shall inform the Attorney General of the exercise of such
authority and such exercise shall not preclude the Attorney General from
intervening on behalf of the United States in such action and any appeal
of such action as may be otherwise provided by law.
(3)(A) If the Commission makes a written request to the Attorney
General, within the 10-day period which begins on the date of the entry
of the judgment in any civil action in which the Commission represented
itself pursuant to paragraph (1) or (2), to represent itself through any
of its attorneys designated by it for such purpose before the Supreme
Court in such action, it may do so, if--
(i) the Attorney General concurs with such request; or
(ii) the Attorney General, within the 60-day period which begins
on the date of the entry of such judgment--
(a) refuses to appeal or file a petition for writ of
certiorari with respect to such civil action, in which case he
shall give written notification to the Commission of the reasons
for such refusal within such 60-day period; or
(b) the Attorney General fails to take any action with
respect to the Commission's request.
(B) In any case where the Attorney General represents the Commission
before the Supreme Court in any civil action in which the Commission
represented itself pursuant to paragraph (1) or (2), the Attorney
General may not agree to any settlement, compromise, or dismissal of
such action, or confess error in the Supreme Court with respect to such
action, unless the Commission concurs.
(C) For purposes of this paragraph (with respect to representation
before the Supreme Court), the term ``Attorney General'' includes the
Solicitor General.
(4) If, prior to the expiration of the 45-day period specified in
paragraph (1) of this section or a 60-day period specified in paragraph
(3), any right of the Commission to commence, defend, or intervene in,
any such action or appeal may be extinguished due to any procedural
requirement of any court with respect to the time in which any
pleadings, notice of appeal, or other acts pertaining to such action or
appeal may be taken, the Attorney General shall have one-half of the
time required to comply with any such procedural requirement of the
court (including any extension of such time granted by the court) for
the purpose of commencing, defending, or intervening in the civil action
pursuant to paragraph (1) or for the purpose of refusing to appeal or
file a petition for writ of certiorari and the written notification or
failing to take any action pursuant to paragraph 3(A)(ii).
(5) The provisions of this subsection shall apply notwithstanding
chapter 31 of title 28, or any other provision of law.
(b) Certification by Commission to Attorney General for criminal
proceedings
Whenever the Commission has reason to believe that any person,
partnership, or corporation is liable for a criminal penalty under this
subchapter, the Commission shall certify the facts to the Attorney
General, whose duty it shall be to cause appropriate criminal
proceedings to be brought.
(Sept. 26, 1914, ch. 311, Sec. 16, as added Mar. 21, 1938, ch. 49,
Sec. 4, 52 Stat. 114; amended Pub. L. 93-153, title IV, Sec. 408(g),
Nov. 16, 1973, 87 Stat. 592; Pub. L. 93-637, title II, Sec. 204(a), Jan.
4, 1975, 88 Stat. 2199.)
Amendments
1975--Pub. L. 93-637 substituted provisions authorizing the
Commission at its election to appear in court by its own name and
designate its attorneys for such purpose, for provisions relating to the
certification of facts by the Commission to the Attorney General who
brought the appropriate proceedings, or, after compliance with section
45(m) of this title, itself brought the appropriate proceedings.
1973--Pub. L. 93-153 inserted provisions authorizing the Federal
Trade Commission to itself cause appropriate proceedings to be brought
after compliance with the requirements of section 45(m) of this title.
Effective Date of 1975 Amendment
Section 204(c) of Pub. L. 93-637 provided that: ``The amendment and
repeal made by this section [amending this section and repealing section
45(m) of this title] shall not apply to any civil action commenced
before the date of enactment of this Act [Jan. 4, 1975].''
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.
Section Referred to in Other Sections
This section is referred to in title 21 sections 352, 378; title 28
section 1407.
