United States Code

Upon good cause shown, the Commission may by order direct that certain records, files, papers, or information be disclosed to a particular applicant.

(a) Application by a member of the public for such disclosure shall be in writing, under oath, setting forth (1) the interest of the applicant in the subject matter; (2) a description of the specific information, filles, documents, or other material inspection of which is requested; (3) whether copies are desired; and (4) the purpose for which the information or material, or copies, will be used if the application is granted. Upon receipt of such an application the Commission will take action thereon, having due regard to statutory restrictions, its rules of practice, and the public interest.

(b) In the event that confidential material is desired for inspection, copying, or use by some agency of the Federal or a State Government, a request therefor may be made by the administrative head of such agency. Such request shall be in writing, and shall describe the information or material desired, its relevancy to the work and function of such agency and, if the production of documents or records or the taking of copies thereof is asked, the use which is intended to be made of them. The Commission will consider and act upon such requests, having due regard to statutory restrictions, its rules of practice, and the public interest.

In cases in which an officer or employee of the Commission has been lawfully served with a subpoena duces tecum, material designated herein as confidential shall be produced only when and as authorized by the Commission. Service of such subpoena shall immediately be reported to the Commission with a statement of all relevant facts. The Commission will thereupon enter such order or give such instructions as it shall deem advisable in the premises. If the officer or employee so served has not received instructions from the Commission prior to the return date of the subpoena, he shall appear in response thereto and respectfully decline to produce the documents or records subpoenaed (pointing out that he is not permitted to do so under this rule), and request a continuance pending action by or instructions from the Commission. If, notwithstanding, the court or other body orders the production of any of the material subpoenaed, the officer or employee shall immediately report the facts to the Commission.

Rule 30. Procedure for establishing quantity limits— (a) How initiated.

Proceedings for the establishment of a quantity limit rule are initiated by resolution of the Commission either upon its own motion or pursuant to petition therefor.

(b) Petition for establishment, amendment or repeal of a quantity limit rule.

Any interested party may at any time file with the Commission, in writing, a request or petition for the establishment of a quantity limit rule for any commodity or class of commodities, or for the revision or repeal of a previously established rule.

Such petition shall state the petitioner's interest and such relevant facts, documented if possible, as may tend to show the need for the action requested. (c) Investigation.

If the Commission believes that consideration should be given to the fixing or establishing of quantity limits for a particular commodity or class of commodities, it shall initiate an investigation thereof by appropriate resolution. Such investigation shall include the ascertainment of facts and information concerning the quantity differentials granted to purchasers in the distribution of the particular commodity or class of commodities, the number of available purchasers of given quantities, and facts and information pertinent to competitive conditions existing in the distribution thereof. investigation shall be non-public and facts and information so obtained, such as the names of purchasers, the volume of their purchases, prices paid, conditions of sale and the details of competitive relations, shall not be published except in composite form so as not to reveal facts as to specific parties. (1) Voluntary process.

The

Investigation shall be conducted by any authorized agent or agents of the Commission, who may, by interview, conference, correspondence or otherwise, request any person believed to have information or documents relevant to the inquiry to furnish such information orally or in writing, or to produce or permit the copying of such documents. (2) Compulsory process.

(i) In the conduct of such investigation, the Commission may invoke any or all of the compulsory processes authorized by law and every person in any manner required to respond to such process shall be given actual notice of the purpose of the investigation.

(ii) The compulsory process which may be invoked shall include the following:

(a) The issuance of a subpoena directing the party named therein to appear before the officer designated therein and to testify to facts and matters under investigation or produce documents relating thereto, or both. Oral information obtained by this compulsory process shall be under oath and a stenographic record shall be made thereof;

(b) The issuance of a notice to a corporation, to produce for examination and copying documents relating to any matter under investigation;

(c) The issuance of an order requiring a corporation to file a special report or answers in writing to specific questions.

(3) Rights of witnesses under compulsory process. (i) Any person required to attend and testify or submit documents or other data shall be entitled to retain or, on payment of lawfully prescribed cost, procure a copy of any document produced by such person and a copy of the transcript of his own testimony;

(ii) Any person compelled to appear at an investigation may be accompanied and advised by counsel or other qualified representative or by both, but such

counsel or qualified representative may not, as a matter of right, otherwise participate in the investigation.

(d) Hearing on proposed quantity-limit rule-(1) Formulation of proposed rule.

When, after due consideration of the facts and information so obtained, it shall appear to the Commission that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce, it shall formulate a proposed quantity-limit rule.

(2) Publication of proposed rule.

The proposed quantity-limit rule shall be published in the Federal Register and otherwise, to the extent practicable, made available to interested parties, and the notice thereof shall include the following:

(i) The rule, amended rule, or repeal proposed;

(ii) A statement of the purpose to be accomplished by the proposed rule, together with a reference to the authority under which the rule is proposed and the ultimate matters of fact in support thereof;

(iii) A statement of the time within which any interested person may present to the Commission in writing, in accordance with subparagraph (3) (i) of this paragraph, any data views or argument concerning the proposed rule and within which time to present, if desired, a request for opportunity to be heard orally thereon.

(3) Method of presenting views, data and argument(i) Written data.

Seven copies of such written views, data and argument shall be submitted to the Commission, and shall conform to the requirements of Rule 12 of the Commission's rules of practice.

(ii) Oral hearing.

Oral hearing may be granted within the discretion of the Commission.

(e) Promulgation of quantity-limit rule.

After the consideration of the results of its investigation or investigations and of the data, views and arguments presented by interested parties, the Commission will, if it deems such action warranted, promulgate a quantity-limit rule. Such rule, which may be the proposed rule or a modification or revision thereof, shall fix and establish maximum quantities of the particular commodity or class of commodities upon which differentials on account of quantity may thereafter be granted. Such quantitylimit rule shall be published in the Federal Register, together with a reference to the authority or authorities therefor, a statement of its basis and purpose, and the effective date thereof, which shall be not less than thirty (30) days after the date of such publication.

(f) Amendment or repeal of quantity-limit rule.

The procedure for the amendment or repeal of a quantity-limit rule shall be the same as that for the establishment of a new quantity-limit rule.

(g) Enforcement of quantity-limit rule. Procedure in cases of violations of a quantity-limit rule shall be in accordance with the Commission's applicable rules of practice. Rules 1 to 30.

Rule 31. Petitions for the issuance, amendment or repeal of sections.

(a) Any interested person may petition for the issuance, amendment, or repeal of a rule. Such petitions shall specifically set forth the proposed rule, amendment, or repeal, together with a statement of the basis for and reasons supporting the proposal made, and seven copies of such petition shall be filed. After consideration of any such petition, the Commission will take such action with respect thereto as it deems appropriate and duly inform petitioner thereof.

(b) When, pursuant to a petition therefor, or upon its own motion, the Commission proposes to issue a substantive rule or amend or repeal such a rule, notice thereof and further rule making procedure will be in conformity with the provisions of section 4 of the Administrative Procedure Act.

§ 46. Additional powers of commission.
The commission shall also have power-
(a) Investigation of corporations.

To gather and compile information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any corporation engaged in commerce, excepting banks and common carriers subject to the Act to regulate commerce, and its relation to other corporations and to individuals, associations, and partnerships. (b) Reports by corporations.

To require, by general or special orders, corporations engaged in commerce, excepting banks and common carriers subject to the Act to regulate commerce, or any class of them, or any of them, respectively, to file with the commission in such form as the commission may prescribe annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the commission such information as it may require as to the organization, business, conduct, practices, management, and relation to other corporations, partnerships, and individuals of the respective corporations filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the commission may prescribe, and shall be filed with the commission within such reasonable period as the commission may prescribe, unless additional time be granted in any case by the commission.

crees.

Whenever a final decree has been entered against any defendant corporation in any suit brought by the United States to prevent and restrain any violation of the antitrust Acts, to make investigation, upon its own initiative, of the manner in which the decree has been or is being carried out, and upon the application of the Attorney General it shall be

its duty to make such investigation. It shall transmit to the Attorney General a report embodying its findings and recommendations as a result of any such investigation, and the report shall be made public in the discretion of the commission.

(d) Investigations of violations of antitrust statutes. Upon the direction of the President or either House of Congress to investigate and report the facts relating to any alleged violations of the antitrust Acts by any corporation.

(e) Readjustment of business of corporations violating antitrust statutes.

Upon the application of the Attorney General to investigate and make recommendations for the readjustment of the business of any corporation alleged to be violating the antitrust Acts in order that the corporation may thereafter maintain its organization, management, and conduct of business in accordance with law.

(f) Publication of information; reports.

To make public from time to time such portions of the information obtained by it hereunder, except trade secrets and names of customers, as it shall deem expedient in the public interest; and to make annual and special reports to the Congress and to submit therewith recommendations for additional legislation; and to provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use.

(g) Classification of corporations; regulations.

From time to time to classify corporations and to make rules and regulations for the purpose of carrying out the provisions of sections 41—46 and 47—58 of this title.

(h) Investigations of foreign trade conditions; reports.

To investigate, from time to time, trade conditions in and with foreign countries where associations, combinations, or practices of manufacturers, merchants, or traders, or other conditions, may affect the foreign trade of the United States, and to report to Congress thereon, with such recommendations as it deems advisable. (Sept. 26, 1914, ch. 311, § 6, 38 Stat. 721.)

REFERENCES IN TEXT

The Act to regulate commerce, referred to in the text of subsections (a) and (b), consists, as provided by section 44 of this title, of the Interstate Commerce Act, which is classified to chapters 1, 8, 12, and 13 of Title 49, Transportation, and the Communications Act of 1934, which is classified to section 151 et seq. of Title 47, Telegraphs, Telephones, and Radio-Telegraphs.

The Anti-trust Acts, referred to in the text of subsections (c-e), consist, as provided by section 44 of this title, of the Sherman, Wilson Tariff, and Clayton Acts, which are classified respectively to sections 1-7, 8-11, and 12-27 and 44 of this title and sections 52 and 53 of Title 29, Labor.

TRANSFER OF FUNCTIONS

All executive and administrative functions of the Federal Trade Commission were, with certain reservations, transferred to the Chairman of such Commission by 1950 Reorg. Plan No. 8, § 1, eff. May 24, 1950, 15 F. R. 3175, 64 Stat. 1264, set out in note under section 41 of this title.

EX. ORD. NO. 10090. INSPECTION OF INCOME TAX RETURNS BY FEDERAL TRADE COMMISSION

Ex. Ord. No. 10090, Dec. 7, 1949, 14 F. R. 7327, provided: By virtue of the authority vested in me by section 55 (a) of the Internal Revenue Code (53 Stat. 29; 54 Stat. 1008; 55 Stat. 722 [section 55 (a) of Title 26]), and in the interest of the internal management of the Government, it is hereby ordered that corporation income tax returns made for the calendar year 1949 and fiscal years ending in the calendar year 1949 and for any taxable year ending after June 30, 1949, and before July 1, 1950, shall be open to inspection by the Federal Trade Commission as an aid in executing the powers conferred upon such Commission by the Federal Trade Commission Act of September 26, 1914, 38 Stat. 717 [this chapter], such inspection to be in accordance and upon compliance with the rules and regulations prescribed by the Secretary of the Treasury in the Treasury decision [Title 26, ch. I, Part 458, 14 F. R. 7335] relating to the inspection of returns by the Federal Trade Commission, approved by me this date.

This Executive order shall be effective upon its filing for publication in the Federal Register.

§ 46a. Concurrent resolution essential to authorize investigations.

After June 16, 1933, no new investigations shall be initiated by the Commission as the result of a legislative resolution, except the same be a concurrent resolution of the two Houses of Congress. (June 16, 1933, ch. 101, § 1, 48 Stat. 291.)

CODIFICATION

Section was not enacted as part of the Federal Trade Commission Act which comprises sections 41-58 of this title.

TRANSFER OF FUNCTIONS

In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts, the court may, upon the conclusion of the testimony therein, if it shall be then of opinion that the complainant is entitled to relief, refer said suit to the commission, as a master in chancery, to ascertain and report an appropriate form of decree therein. The commission shall proceed upon such notice to the parties and under such rules of procedure as the court may prescribe, and upon the coming in of such report such exceptions may be filed and such proceedings had in relation thereto as upon the report of a master in other equity causes, but the court may adopt or reject such report, in whole or in part, and enter such decree as the nature of the case may in its judgment require. (Sept. 26, 1914, ch. 311, § 7, 38 Stat. 722.)

REFERENCES IN TEXT

"In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts" has reference to actions under sections 4, 9, and 25 of this title.

TRANSFER OF FUNCTIONS

§ 48. Information and assistance from departments. The several departments and bureaus of the Government when directed by the President shall furnish the commission, upon its request, all records, papers, and information in their possession relating to any corporation subject to any of the provisions of sections 41-46 and 47-58 of this title, and shall detail from time to time such officials and employees to the commission as he may direct. (Sept. 26, 1914, ch. 311, § 8, 38 Stat. 722.)

TRANSFER OF FUNCTIONS

For the purposes of sections 41-46 and 47-58 of this title the commission, or its duly authorized agent or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any corporation being investigated or proceeded against; and the commission shall have power to require by subpœna the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation. Any member of the commission may sign subpoenas, and members and examiners of the commission may administer oaths and affirmations, examine witnesses, and receive evidence.

Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. And in case of disobedience to a subpoena the commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence.

Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpœna issued to any corporation or other person, issue an order requiring such corporation or other person to appear before the commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

Upon the application of the Attorney General of the United States, at the request of the commission, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person or corporation to comply with the provisions of sections 41-46 and 47-58 of this title or any order of the commission made in pursuance thereof.

The commission may order testimony to be taken by deposition in any proceeding or investigation pending under said sections at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the commission and having power to administer oaths. Such testimony shall be reduced to writing by the

person taking the deposition, or under his direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the commission as hereinbefore provided.

Witnesses summoned before the commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

No person shall be excused from attending and testifying or from producing documentary evidence before the commission or in obedience to the subpœna of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. But no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify, or produce evidence, documentary or otherwise, before the commission in obedience to a subpœna issued by it: Provided, That no natural person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. (Sept. 26, 1914, ch. 311, § 9, 38 Stat. 722.)

TRANSFER OF FUNCTIONS

CROSS REFERENCES

Administrator of Wages and Hour Division, Secretary of Labor, and the industry committees under Fair Labor Standards Act, application of this section to, see section 209 of Title 29, Labor. Contempts

Contempts constituting crimes, see section 402 of Title 18, Crimes and Criminal Procedure.

Jury trial for contempt in labor disputes cases, see section 3692 of Title 18, Crimes and Criminal Procedure.

Jury trial of criminal contempts, see section 3691 of Title 18, Crimes and Criminal Procedure.

Limitation of prosecution, see section 3285 of Title 18, Crimes and Criminal Procedure.

Power of court, see section 401 of Title 18, Crimes and Criminal Procedure.

Power of Supreme Court to prescribe procedure to and including and after verdict, see sections 3771 and 3772 of Title 18, Crimes and Criminal Procedure.

Witness in foreign country failing to appear pursuant to subpoena, see section 1784 of Title 28, Judiciary and Judicial Procedure.

Fees of United States commissioners for taking and certifying depositions, see section 633 of Title 28, Judiciary and Judicial Procedure.

Hearings and investigations under Fair Labor Standards Act, application to, see section 209 of Title 29, Labor. Per diem and mileage of witnesses, see section 1821 of Title 28, Judiciary and Judicial Procedure. Writs, issuance of, see section 1651 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CIVIL PROCEDURE Application of rules to this section, see notes by Advisory Committee under rules 45 and 81, following section 2072 of Title 28, Judiciary and Judicial Procedure.

Mandamus as abolished and manner of obtaining relief heretofore available, see rule 81 (b). Subpoena, see rule 45.

FEDERAL RULES OF CRIMINAL PROCEDURE Application of section under Rule 42, see note by Advisory Committee under said Rule 42, following section 3771 of Title 18, Crimes and Criminal Procedure.

§ 50. Offenses and penalties.

Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry or to produce documentary evidence, if in his power to do so, in obedience to the subpoena or lawful requirement of the commission, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment.

Any person who shall willfully make, or cause to be made, any false entry or statement of fact in any report required to be made under sections 41-46 and 47-58 of this title, or who shall willfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any corporation subject to said sections, or who shall willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such corporation, or who shall willfully remove out of the jurisdiction of the United States, or willfully mutilate, alter, or by any other means falsify any documentary evidence of such corporation, or who shall willfully refuse to submit to the commission or to any of its authorized agents, for the purpose of inspection and taking copies, any documentary evidence of such corporation in his possession or within his control, shall be deemed guilty of an offense against the United States, and shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not less than $1,000 nor more than $5,000, or to imprisonment for a term of not more than three years, or to both such fine and imprisonment.

If any corporation required by said sections to file any annual or special report shall fail so to do within the time fixed by the commission for filing the same, and such failure shall continue for thirty days after notice of such default, the corporation shall forfeit to the United States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where the corporation has its principal office or in any district in which it shall do business. It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.

Any officer or employee of the commission who shall make public any information obtained by the

commission without its authority, unless directed by a court, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $5,000, or by imprisonment not exceeding one year, or by fine and imprisonment, in the discretion of the court. (Sept. 26, 1914, ch. 311, § 10, 38 Stat. 723.)

TRANSFER OF FUNCTIONS

Administrator of Wages and Hour Division, Secretary of Labor, and the industry committees under Fair Labor Standards Act, application of this section to, see section 209 of Title 29, Labor.

Dissemination of false advertisements

Penalty for, see section 54 of this title. Unlawfulness of, see section 52 of this title. Fraud and false statements, see chapter 47 of Title 18, Crimes and Criminal Procedure.

Hearings and investigations under Fair Labor Standards Act, application, see section 209 of Title 29, Labor. Misdemeanor, offense punishable by imprisonment for a term not exceeding one year as, see section 1 of Title 18, Crimes and Criminal Procedure.

FEDERAL RULES OF CRIMINAL PROCEDURE Subpoena, see rule 17, following section 3771 of Title 18, Crimes and Criminal Procedure.

§ 51. Effect of subdivision on other statutory provisions.

Nothing contained in sections 41-46 and 47-58 of this title shall be construed to prevent or interfere with the enforcement of the provisions of the antitrust Acts or the Acts to regulate commerce, nor shall anything contained in said sections be construed to alter, modify, or repeal the said antitrust Acts or the Acts to regulate commerce or any part or parts thereof. (Sept. 26, 1914, ch. 311, § 11, 38 Stat. 724.)

REFERENCES IN TEXT

The antitrust Acts, referred to in the text, consist, as provided by section 44 of this title, of the Sherman, Wilson Tariff, and Clayton Acts, which are classified respectively to sections 1-7, 8-11, and 12-27 and 44 of this title and sections 52 and 53 of Title 29, Labor.

The Act to regulate commerce, referred to in the text, consists, as provided by section 44 of this title, of the Interstate Commerce Act, which is classified to chapters 1, 8, 12, and 13 of Title 49, Transportation, and the Communications Act of 1934, which is classified to section 151 et seq. of Title 47, Telegraphs, Telephones, and RadioTelegraphs.

§ 52. Dissemination of false advertisements-(a) Unlawfulness.

It shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement

(1) By United States mails, or in commerce by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, or cosmetics; or

(2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in commerce of food, drugs, devices, or cosmetics.

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United States Code, Volum 2