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15 U.S.C. § 21a — Actions and proceedings pending prior to June 19, 1936; additional and continuing violations

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 21a — Actions and proceedings pending prior to June 19, 1936; additional and continuing violations

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Source file: Laws/federal/codes/united-states-code/title-15/section-21a-actions-and-proceedings-pending-prior-to-june-19-1936-additional-and-con--3b60785d64.md
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Source location: Title 15, Chapter 1, § 21a; chapter-001-monopolies-and-combinations-in-restraint-of-trade.md

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Nothing herein contained shall affect rights of action arising, or litigation pending, or orders of the Federal Trade Commission issued and in effect or pending on review, based on [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section13&num=0&edition=prelim), prior to June 19, 1936: Provided, That where, prior to June 19, 1936, the Federal Trade Commission has issued an order requiring any person to cease and desist from a violation of [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section13&num=0&edition=prelim), and such order is pending on review or is in effect, either as issued or as affirmed or modified by a court of competent jurisdiction, and the Commission shall have reason to believe that such person has committed, used or carried on, since June 19, 1936, or is committing, using or carrying on, any act, practice or method in violation of any of the provisions of said [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section13&num=0&edition=prelim), it may reopen such original proceedings and may issue and serve upon such person its complaint, supplementary to the original complaint, stating its charges in that respect. Thereupon the same proceedings shall be had upon such supplementary complaint as provided in [section 21 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section21&num=0&edition=prelim). If upon such hearing the Commission shall be of the opinion that any act, practice, or method charged in said supplementary complaint has been committed, used, or carried on since June 19, 1936, or is being committed, used or carried on, in violation of said [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section13&num=0&edition=prelim), it shall make a report in writing in which it shall state its findings as to the facts and shall issue and serve upon such person its order modifying or amending its original order to include any additional violations of law so found. Thereafter the provisions of [section 21 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section21&num=0&edition=prelim), as to review and enforcement of orders of the Commission shall in all things apply to such modified or amended order. If upon review as provided in said [section 21 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section21&num=0&edition=prelim) the court shall set aside such modified or amended order, the original order shall not be affected thereby, but it shall be and remain in force and effect as fully and to the same extent as if such supplementary proceedings had not been taken.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 13 — Discrimination in price, services, or facilities

**(a) Price; selection of customers** It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: Provided, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in any line of commerce; and the foregoing shall then not be construed to permit differentials based on differences in quantities greater than those so fixed and established: And provided further, That nothing her

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 13

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 41

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 21 — Enforcement provisions

**(a) Commission, Board, or Secretary authorized to enforce compliance** Authority to enforce compliance with sections 13, 14, 18, and 19 of this title by the persons respectively subject thereto is vested in the Surface Transportation Board where applicable to common carriers subject to jurisdiction under subtitle IV of title 49; in the Federal Communications Commission where applicable to common carriers engaged in wire or radio communication or radio transmission of energy; in the Secretary of Transportation where applicable to air carriers and foreign air carriers subject to part A of subtitle VII of title 49; in the Board of Governors of the Federal Reserve System where applicable to banks, banking associations, and trust companies; and in the Federal Trade Commission where applicable to all other character of commerce to be exercised as follows: **(b) Issuance of complaints for violations; hearing; intervention; filing of testimony; report; cease and desist orders; reopening and alteration of reports or orders** Whenever the Commission, Board, or Secretary vested with jurisdiction thereof shall have reason to believe that any person is violating or has violated any of the provisions of sections 13, 14, 18, and 19 of this title, it shall issue and serve upon such person and the Attorney General a complaint stating its charges in that respect, and containing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of said complaint. The person so complained of shall have the right to appear at the place and time so fixed and show cause why an order should not be entered by the Commission, Board, or Secretary requiring such person to cease and desist from the violation of the law so charged in said complaint. The Attorney

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 21

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8235f — Application of other laws

**(a) Lack of immunity** No provision contained in this part— (1) shall restrict any agency of the United States or any State from exercising its powers under any law to prevent unfair methods of competition and unfair or deceptive acts or practices; (2) shall provide to any person any immunity from civil or criminal liability; (3) shall create any defenses to actions brought under the antitrust laws; or (4) shall modify or abridge any private right of action under the antitrust laws. **(b) Utility programs under part A** Any public utility entering into a contract under a plan for the establishment of a prototype residential energy efficiency program approved under [section 8235a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8235a/a&num=0&edition=prelim) shall not be required to carry out, with respect to any residential building located in the portion of the utility’s service area designated in the contract, the actions required to be contained in such utility’s program by subsections (a) and (b) of section 8216 11 See References in Text note below. of this title, if the contract requires such actions (or equivalent actions as determined by the Secretary) to be taken. **(c) “Antitrust laws” defined** For purposes of this section, the term “antitrust laws” means— (1) the Sherman Act ([15 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1&num=0&edition=prelim) et seq.); (2) the Clayton Act ([15 U.S.C. 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim) et seq.); (3) the Federal Trade Commission Act ([15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.); (

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8235f

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 21a — Actions and proceedings pending prior to

Page 38 TITLE 15—COMMERCE AND TRADE § 21a ity of orders, and subsec. (l), prescribing the civil pen- alty for violation of orders. 1958—Pub. L. 85–791, § 4(a), struck out ‘‘a transcript of’’ after ‘‘Until’’ in last sentence of second par. Pub. L. 85–791, § 4(b), substituted in first sentence of third par., ‘‘file the record in the proceeding, as pro- vided in section 2112 of title 28’’ for ‘‘certify and file with its application a transcript of the entire record in the proceeding, including all the testimony taken and the report and order of the Commission or Board’’, and in second sentence of third par., struck out ‘‘and tran- script’’ after ‘‘application’’, inserted ‘‘concurrently with the Commission or Board until the filing of the record’’, and struck out ‘‘upon the pleadings, testi- mony, and proceedings set forth in such transcript’’ after ‘‘make and enter’’. Pub. L. 85–791, § 4(c), substituted in second sentence of fourth par., ‘‘transmitted by the clerk of the court to’’ for ‘‘served upon’’ and ‘‘shall file in the court the record in the proceeding, as provided in section 2112 of title 28’’ for ‘‘forthwith shall certify and file in the court a transcript of the record in the proceeding, as hereinbefore provided’’, and in third sentence of fourth paragraph substituted ‘‘such petition’’ for ‘‘the tran- script’’ and inserted ‘‘determined as provided in section 1009(e) of title 5,’’. Pub. L. 85–791, § 4(d), substituted in fifth par., ‘‘Upon the filing of the record with it the’’ for ‘‘The’’. 1950—Act Dec. 29, 1950, amended section generally to allow the Attorney General to intervene and appear in any proceeding brought by any Commission or Board to enforce sections 13, 14, 18, and 19 of this title, but the amendment in nowise affects the

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 21a

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