[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]



-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    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