Notes on 15 U.S.C. § 45 : US Code - Notes

Search Notes on 15 U.S.C. § 45 : US Code - Notes

(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."
(!1) So in original. Probably should be "clause".