[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