
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``clause''.
---------------------------------------------------------------------------

(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.
