[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31118-31119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15489]
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FEDERAL TRADE COMMISSION
[Docket No. 5698]
Harley-Davidson Motor Co.; Prohibited Trade Practices and
Affirmative Corrective Actions
AGENCY: Federal Trade Commission.
ACTION: Set aside order.
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SUMMARY: The Federal Trade Commission has set aside a 1954 consent
order with Harley-Davidson Motor Co. pursuant to the Commission's
Sunset Policy, under which the Commission presumes, in the context of
petitions to reopen and modify orders, that the public interest
requires terminating orders that have been in effect for more than 20
years.
DATES: Consent order issued June 29, 1954. Set aside order issued July
11, 1995.
FOR FURTHER INFORMATION CONTACT:
Daniel Ducore, FTC/S-2115, Washington, DC 20580. (202) 326-2526.
SUPPLEMENTARY INFORMATION: In the Matter of Harley-Davidson Motor Co.
The prohibited trade practices and/or corrective actions are removed as
indicated.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 3, 38
Stat. 731; 15 U.S.C. 14)
In the matter of: Harley-Davidson Motor Co., a corporation;
Docket No. 5698
[[Page 31119]]
Order Reopening Proceeding and Setting Aside Order
On February 8, 1995, Harley-Davidson Motor Company (``Harley-
Davidson''), the respondent subject to the order issued by the
Commission on June 29, 1954, in Docket No. 5698, In the Matter of
Harley-Davidson Co., 50 F.T.C. 1047 (1954) (``Order''), filed a
Petition to Reopen Proceedings and Set Aside Cease and Desist Order
(``Petition''). Among other things, Harley-Davidson requests that the
Commission set aside the order in this matter pursuant to Section 2.51
of the Commission's Rules of Practice, 16 C.F.R. Sec. 2.51, and the
Statement of Policy With Respect to Duration of Competition Orders and
Statement of Intention to Solicit Public Comment With Respect to
Duration of Consumer Protection Orders, issued on July 22, 1994, and
published at 59 Fed. Reg. 45,286-92 (Sept. 1, 1994) (``Sunset Policy
Statement''). In the Petition, Harley-Davidson affirmatively states
that it has not engaged in any conduct violating the terms of the
order. The Petition was placed on the public record, and close to 200
comments were received.\1\
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\1\ To accommodate numerous requests to provide additional time
to prepare and submit written comments concerning Harley-Davidson's
Petition, the Commission extended the initial public comment period
in this matter by thirty days.
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The Commission in its July 22, 1994, Sunset Policy Statement said,
in relevant part, that ``effective immediately, the Commission will
presume, in the context of petitions to reopen and modify existing
orders, that the public interest requires setting aside orders in
effect for more than twenty years.'' \2\ The Commission's order in
Docket No. 5698 was issued on June 29, 1954, and has been in effect for
over twenty years. Consistent with the Sunset Policy Statement, the
presumption is that the order should be terminated. Nothing to overcome
the presumption having been presented, the Commission has determined to
reopen the proceeding and set aside the order in Docket 5698.
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\2\ Sunset Policy Statement, (59 FR 45289).
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In light of some of the commenters' belief that granting Harley-
Davidson's Petition would be commensurate with allowing it to engage in
conduct that may violate the antitrust laws, and their concern that
Harley-Davidson may use certain marketing practices to engage in
unlawful conduct in the event the Commission sets aside the order in
Docket No. 5698, the Commission notes that Harley-Davidson's conduct
would continue to be subject to a case-by-case, rule of reason analysis
under the antitrust laws. Harley-Davidson's conduct would also continue
be subject to state motor vehicle dealer protection laws.
Accordingly, it is ordered that this matter be, and it hereby is,
reopened;
It is further ordered that the Commission's order in Docket No.
5698 be, and it hereby is, set aside, as of the effective date of this
order.
By the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 96-15489 Filed 6-18-96; 8:45 am]
BILLING CODE 6750-01-M
