
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: 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.
