15 U.S.C. § 21a: Actions and proceedings…

Summary

Lawsuits, court cases, and Federal Trade Commission orders that began before June 19, 1936 stay in effect and are not changed. If the FTC issued a cease-and-desist order before that date and the order is still in effect or under review, the FTC can reopen the case if it believes the person has done, or is doing, new acts that break the same rule since June 19, 1936. The FTC can then file an extra complaint listing those new charges. The reopened case follows the same hearing and review steps as before. If the FTC finds new violations, it will write a report and change the original order to include them. The changed order can be reviewed and enforced like any other FTC order. If a court later cancels the changed order, the original order remains fully in force.

Title 15, §21a

Commerce and Trade, Source: USLM XML via OLRC

Nothing herein contained shall affect rights of action arising, or litigation pending, or orders of the Federal Trade Commission issued and in effect or pending on review, based on section 13 of this title, prior to June 19, 1936: Provided, That where, prior to June 19, 1936, the Federal Trade Commission has issued an order requiring any person to cease and desist from a violation of section 13 of this title, and such order is pending on review or is in effect, either as issued or as affirmed or modified by a court of competent jurisdiction, and the Commission shall have reason to believe that such person has committed, used or carried on, since June 19, 1936, or is committing, using or carrying on, any act, practice or method in violation of any of the provisions of said section 13 of this title, it may reopen such original proceedings and may issue and serve upon such person its complaint, supplementary to the original complaint, stating its charges in that respect. Thereupon the same proceedings shall be had upon such supplementary complaint as provided in section 21 of this title. If upon such hearing the Commission shall be of the opinion that any act, practice, or method charged in said supplementary complaint has been committed, used, or carried on since June 19, 1936, or is being committed, used or carried on, in violation of said section 13 of this title, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and serve upon such person its order modifying or amending its original order to include any additional violations of law so found. Thereafter the provisions of section 21 of this title, as to review and enforcement of orders of the Commission shall in all things apply to such modified or amended order. If upon review as provided in said section 21 of this title the court shall set aside such modified or amended order, the original order shall not be affected thereby, but it shall be and remain in force and effect as fully and to the same extent as if such supplementary proceedings had not been taken.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Nothing herein contained, referred to in text, probably means nothing contained in act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted section 13a, 13b, and 21a of this title and amended section 13 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 13 of this title and Tables.

Executive Documents

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, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title.

§21a Actions and Proceedings Pending Prior to June 19, 1936; Additional and Continuing Violations

Summary

Title 15, §21a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata