[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Notices]
[Pages 43801-43802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20905]
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FEDERAL TRADE COMMISSION
[Dkt. 7614]
National Comics Publications, Inc., 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 1960 consent order--which required the
companies to offer promotional allowances for their publications on
proportionally equal terms to all customers--and sets aside the 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: Consent order issued July 6, 1960. Set aside order issued June
14, 1995.
for further information contact: Daniel Ducore, FTC/S-2115, Washington,
DC 20580. (202) 326-2526.
supplementary information: In the Matter of National Comics
Publications, Inc., et al. The prohibited trade practices and/or
corrective actions are removed as indicated.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or applies sec. 2,
49 Stat. 1526; 15 U.S.C. 13)
Commissioners: Robert Pitofsky, Chairman, Mary L. Azcuenaga, Janet
D. Steiger, Roscoe B. Starek III, Christine A. Varney
Order Reopening Proceeding and Setting Aside Order
On February 16, 1995, DC Comics and Warner Publisher Services, Inc.
(``WPS''), as respondents and successors to National Comics
Publications, Inc. and Independent News Company, Inc.,\1\ filed a
Petition to Reopen and Set Aside Consent Order (``Petition''), in this
matter. DC and WPS request that the Commission set aside the 1960
consent order in this matter pursuant to section 5(b) of the Federal
Trade Commission Act, 14 U.S.C. 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 its Petition, DC and
WPS affirmatively state that neither has engaged in any conduct
violating the 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,
National Comics has become DC Comics, a general partnership between
Warner Communications, Inc., and Time Warner Entertainment Co., L.P.
Independent has changed its name to Warner Publisher Services, Inc.
and is now owned by Warner Communications Inc.
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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 consent order in Docket No. 7614
was issued on July 6, 1960, and has been in effect for more than twenty
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. 7614.
\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.
7614 be, and it hereby is, set aside as of the effective date of this
order.
[[Page 43802]]
By the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 95-20905 Filed 8-22-95; 8:45 am]
BILLING CODE 6750-01-M