[Federal Register Volume 60, Number 46 (Thursday, March 9, 1995)]
[Notices]
[Page 12955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5791]
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FEDERAL TRADE COMMISSION
[Dkt. C-411]
The H.D. Lee Co., Inc.; Prohibited Trade Practices and
Affirmative Corrective Actions
AGENCY: Federal Trade Commission.
ACTION: Set aside order.
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SUMMARY: This order reopens a 1965 consent order--which settled
allegations that the respondent discriminated in the offering of
advertising or promotional payments to its customers in connection with
the resale of its wearing apparel--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 May 1, 1963.* Set aside order issued
February 14, 1995.
*The consent order was made effective on August 9, 1965.
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FOR FURTHER INFORMATION CONTACT:
Roberta Baruch, FTC/S-2115, Washington, DC 20580. (202) 326-2861.
SUPPLEMENTARY INFORMATION: In the Matter of The H.D. Lee Co., Inc. 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; 25 U.S.C. 13)
In the Matter of The H.D. Lee Co., Inc., a corporation; Order
Reopening Proceeding and Setting Aside Order.
[Docket No. C-411]
Commissioners: Janet D. Steiger, Chairman Mary L. Azcuenaga,
Roscoe B. Starek, III, Christine A. Varney.
On October 26, 1994, The Lee Apparel Company, Inc., formerly The
H.D. Lee Co., Inc. (``Lee'') filed its Petition To Reopen and Set Aside
Consent Order (``Petition'') in this matter. Lee requests that the
Commission set aside the 1965 consent order in this matter pursuant to
Rule 1.51 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 July 22,
1994, published at 59 Fed. Reg. 45,286-92 (Sept. 1, 1994) (``Sunset
Policy Statement''). In the Petition, Lee 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 the thirty-day comment
period expired on December 15, 1994. No comments were received.
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.''\1\ The Commission's order in
Docket No. C-411 became final on August 9, 1965, and has been in effect
for more than twenty-nine years. Consistent with the Commission's July
22, 1994, 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. C-411.
\1\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. C-
411 be, and it hereby is, set aside, as of the effective date of this
order.
By the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-5791 Filed 3-8-95; 8:45 am]
BILLING CODE 6750-01-M