[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Notices]
[Pages 30545-30546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14183]
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FEDERAL TRADE COMMISSION
[Dkt. No. 3152]
General Motors Corporation, et al.; Prohibited Trade Practices
and Affirmative Corrective Actions
AGENCY: Federal Trade Commission.
ACTION: Set aside order.
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SUMMARY: This order reopens a 1942 modified consent order--which
prohibited the respondent from coercing or intimidating its automobile
retail dealers into purchasing accessories supplied by General Motors
or from its designated source--and sets aside the modified consent
order pursuant to the Commission's Sunset Policy Statement, under which
the Commission presumes that the public interest requires terminating
competition orders that are more than 20 years old.
DATES: Modified consent order issued June 25, 1942. Set aside order
issued April 18, 1995.
FOR FURTHER INFORMATION CONTACT:
Daniel Ducore, FTC/S-2115, Washington, DC 20580. (202) 326-2526.
SUPPLEMENTARY INFORMATION: In the Matter of General Motors Corporation,
et al. 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)
Order Reopening Proceeding and Setting Aside Order
Commissioners: Robert Pitofsky, Chairman, Mary L. Azcuenaga,
Janet D. Steiger, Roscoe B. Starek, III, and Christine A. Varney.
On February 6, 1995, General Motors Corporation (``GM'') as
respondent and successor to General Motors Sales Corporation,\1\ filed
its Petition to Reopen and Vacate Modified Order (``Petition'') in this
matter. GM requests that the Commission set aside the 1942 modified
consent order in this matter pursuant to Section 5(b) of the Federal
Trade Commission Act, 15 U.S.C. Sec. 45(b), Rule 2.51 of the
Commission's Rules of Practice, 16 CFR 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 FR 45,286-92 (Sept. 1, 1994) (``Sunset Policy Statement''). In the
Petition, GM affirmatively states that it has not engaged in any
conduct violating the [[Page 30546]] terms of the order. The Petition
was placed on the public record, and the thirty-day comment period
expired on March 27, 1995. No comments were received.
\1\ Since the Commission issued the order in this matter General
Motors Sales Corporation, a named respondent in the order, was
dissolved and its assets now reside within respondent General Motors
Corporation.
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The Commission in its 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 modified consent order in Docket
No. 3152 was issued on June 25, 1942, and has been in effect for more
than fifty years. Consistent with the Commission's 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 No. 3152.
\2\ See Sunset Policy Statement, 59 FR at 45,289.
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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.
3152 be, and it hereby is, set aside, as of the effective date of this
order.
By the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-14183 Filed 6-8-95; 8:45 am]
BILLING CODE 6750-01-M
