Konkurencja i konsument · 1.09.1994

Policy Statement With Request for Public Comment Regarding Duration of Competition Orders and Request for Public Comment Regarding Duration of Consumer Protection Orders

This notice describes the Federal Trade Commission's policies regarding the duration of future and existing administrative and federal district court cease and desist orders in competition matters. Under the Policy Statement, which became effective July 22, 1994, the Commission will presume that core injunctive provisions in future competition orders should terminate automatically (``sunset'') after twenty years. The Commission will also presume that all supplemental provisions in future competition orders should sunset after no more than ten years. In addition, the Statement articulates the Commission's policy determination to apply, in the context of petitions to reopen and modify existing administrative competition orders, a rebuttable presumption that the public interest warrants terminating orders that have been in force for more than twenty years. The Commission adopted these policies because it concluded that permitting competition order provisions to continue indefinitely would not serve the public interest. Although these policies are already in effect, the Commission is soliciting comment from interested persons. The Commission is also soliciting comment on adopting polic