15 U.S.C. § 44 — Definitions

Page 50 TITLE 15—COMMERCE AND TRADE § 43 other employees as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appro- priated for by Congress. With the exception of the secretary, a clerk to each Commissioner, the attorneys, and such spe- cial experts and examiners as the Commission may from time to time find necessary for the conduct of its work, all employees of the Com- mission shall be a part of the classified civil service, and shall enter the service under such rules and regulations as may be prescribed by the Commission and by the Director of the Of- fice of Personnel Management. All of the expenses of the Commission, includ- ing all necessary expenses for transportation in- curred by the Commissioners or by their em- ployees under their orders, in making any inves- tigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commission. Until otherwise provided by law, the Commis- sion may rent suitable offices for its use. The Government Accountability Office shall receive and examine all accounts of expendi- tures of the Commission. (Sept. 26, 1914, ch. 311, § 2, 38 Stat. 718; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24; 1978 Reorg. Plan No. 2, § 102, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT The classified civil service, referred to in second par., means the ‘‘competitive service’’, see section 2102 of Title 5, Government Organization and Employees. Rules and regulations of the Civil Service Commission for entry into the service are prescribed generally under authority of section 3301 et seq. of Title 5. CODIFICATION In the first par., provisions that fixed the salary of the commissioners have been omitted as obsolete. The positions of chairman and members of the commission are now under the Executive Schedule, see sections 5414 and 5315 of Title 5, Government Organization and Em- ployees. Provisions that fixed the salary of the secretary of the commission, payable in like manner, have been omitted as obsolete. The position is now subject to chapter 51 and subchapter III of chapter 53 (relating to classification and General Schedule pay rates) and sec- tion 5504 (relating to biweekly pay periods) of Title 5. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Government Accountability Office’’ substituted in text for ‘‘General Accounting Office’’ pursuant to sec- tion 8(b) of Pub. L. 108–271, set out as a note under sec- tion 702 of Title 31, Money and Finance, which redesig- nated the General Accounting Office and any references thereto as the Government Accountability Office. Pre- viously, ‘‘General Accounting Office’’ substituted in text for ‘‘Auditor for the State and Other Depart- ments’’ pursuant to act June 10, 1921, which transferred all powers and duties of the Comptroller, six auditors, and certain other employees of the Treasury to the General Accounting Office. See section 701 et seq. of Title 31. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted in text for ‘‘Civil Service Commission’’ pur- suant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Gov- ernment Organization and Employees, which trans- ferred all functions vested by statute in the United States Civil Service Commission to the Director of the Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. For transfer of functions of Federal Trade Commis- sion, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. § 43. Office and place of meeting The principal office of the Commission shall be in the city of Washington, but it may meet and exercise all its powers at any other place. The Commission may, by one or more of its members, or by such examiners as it may des- ignate, prosecute any inquiry necessary to its duties in any part of the United States. (Sept. 26, 1914, ch. 311, § 3, 38 Stat. 719.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commis- sion, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. § 44. Definitions The words defined in this section shall have the following meaning when found in this sub- chapter, to wit: ‘‘Commerce’’ means commerce among the sev- eral States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or for- eign nation. ‘‘Corporation’’ shall be deemed to include any company, trust, so-called Massachusetts trust, or association, incorporated or unincorporated, which is organized to carry on business for its own profit or that of its members, and has shares of capital or capital stock or certificates of interest, and any company, trust, so-called Massachusetts trust, or association, incor- porated or unincorporated, without shares of capital or capital stock or certificates of inter- est, except partnerships, which is organized to carry on business for its own profit or that of its members. ‘‘Documentary evidence’’ includes all docu- ments, papers, correspondence, books of ac- count, and financial and corporate records. ‘‘Acts to regulate commerce’’ means subtitle IV of title 49 and the Communications Act of 1934 [47 U.S.C. 151 et seq.] and all Acts amend- atory thereof and supplementary thereto. ‘‘Antitrust Acts’’ means the Act entitled ‘‘An Act to protect trade and commerce against un- Page 51 TITLE 15—COMMERCE AND TRADE § 45 lawful restraints and monopolies’’, approved July 2, 1890; also sections 73 to 76, inclusive, of an Act entitled ‘‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’’, approved August 27, 1894; also the Act entitled ‘‘An Act to amend sections 73 and 76 of the Act of August 27, 1894, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’ ’’, ap- proved February 12, 1913; and also the Act enti- tled ‘‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’’, approved October 15, 1914. ‘‘Banks’’ means the types of banks and other financial institutions referred to in section 57a(f)(2) of this title. ‘‘Foreign law enforcement agency’’ means— (1) any agency or judicial authority of a for- eign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative author- ity in civil, criminal, or administrative mat- ters; and (2) any multinational organization, to the extent that it is acting on behalf of an entity described in paragraph (1). (Sept. 26, 1914, ch. 311, § 4, 38 Stat. 719; Mar. 21, 1938, ch. 49, § 2, 52 Stat. 111; Pub. L. 102–242, title II, § 212(g)(1), Dec. 19, 1991, 105 Stat. 2302; Pub. L. 107–273, div. C, title IV, § 14102(c)(2)(B), Nov. 2, 2002, 116 Stat. 1921; Pub. L. 109–455, §§ 2, 13, Dec. 22, 2006, 120 Stat. 3372, 3382; Pub. L. 112–203, § 1, Dec. 4, 2012, 126 Stat. 1484.) AMENDMENT OF SECTION For repeal of amendment by section 13 of Pub. L. 109–455, see Termination Date of 2006 Amend- ment note below. Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classi- fied principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Ta- bles. The Act entitled ‘‘An Act to protect trade and com- merce against unlawful restraints and monopolies,’’ ap- proved July 2, 1890, referred to in the text, is known as the Sherman Act, and is classified to sections 1 to 7 of this title. Sections 73 to 76, inclusive, of an Act entitled ‘‘An Act to reduce taxation, to provide revenue for the Gov- ernment, and for other purposes’’, approved August 27, 1894, referred to in text, are known as the Wilson Tariff Act. Sections 73 to 76 are classified to sections 8 to 11 of this title. Act February 12, 1913, is set out as amendments to sections 8 and 11 of this title. The Act entitled ‘‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’’, approved October 15, 1914, referred to in text, is the Clayton Act. For classification of the Act to the Code, see References in Text note set out under section 12 of this title. CODIFICATION ‘‘Subtitle IV of title 49’’ substituted in text for ‘‘the Act entitled ‘An Act to regulate commerce’, approved February 14, 1887, and all Acts amendatory thereof and supplementary thereto’’ on authority of Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV of Title 49, Transportation. AMENDMENTS 2012—Pub. L. 112–203, § 1, amended Pub. L. 109–455, § 13. See 2006 Amendment note below. 2006—Pub. L. 109–455, § 2, which added par. defining ‘‘Foreign law enforcement agency’’, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below. 2002—Pub. L. 107–273 substituted ‘‘73 to 76’’ for ‘‘73 to 77’’ in par. defining ‘‘Antitrust Acts’’. 1991—Pub. L. 102–242 added par. defining ‘‘Banks’’. 1938—Act Mar. 21, 1938, amended section generally. Statutory Notes and Related Subsidiaries TERMINATION DATE OF 2006 AMENDMENT Pub. L. 109–455, § 13, Dec. 22, 2006, 120 Stat. 3382, as amended by Pub. L. 112–203, § 1, Dec. 4, 2012, 126 Stat. 1484; Pub. L. 116–173, § 1, Oct. 20, 2020, 134 Stat. 837, pro- vided that: ‘‘Effective September 30, 2027, this Act [en- acting sections 57b–2a, 57b–2b, 57c–1, and 57c–2 of this title, amending this section, sections 45, 46, 56, 57b–2, and 58 of this title, and section 3412 of Title 12, Banks and Banking, and enacting provisions set out as notes under this section and section 58 of this title], and the amendments made by this Act, are repealed, and any provision of law amended by this Act shall be amended to read as if this Act had not been enacted into law.’’ [Pub. L. 116–173, § 1, which delayed the repeal of Pub. L. 109–455, and reversion of any amended text, by sub- stituting ‘‘September 30, 2027’’ for ‘‘September 30, 2020’’ in section 13 of Pub. L. 109–455, set out above, was given effect to reflect the probable intent of Congress, not- withstanding that Pub. L. 116–173 was enacted on Oct. 20, 2020.] EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–273 effective Nov. 2, 2002, and applicable only with respect to cases commenced on or after Nov. 2, 2002, see section 14103 of Pub. L. 107–273, set out as a note under section 3 of this title. PRESERVATION OF EXISTING AUTHORITY Pub. L. 109–455, § 12, Dec. 22, 2006, 120 Stat. 3382, pro- vided that: ‘‘The authority provided by this Act [see Termination Date of 2006 Amendment note above], and by the Federal Trade Commission Act (15 U.S.C. 41 et seq.) and the Right to Financial Privacy Act [of 1978] (12 U.S.C. 3401 et seq.), as such Acts are amended by this Act, is in addition to, and not in lieu of, any other authority vested in the Federal Trade Commission or any other officer of the United States.’’ [Section 12 of Pub. L. 109–455, set out above, repealed effective Sept. 30, 2027, see section 13 of Pub. L. 109–455, as amended, set out as a Termination Date of 2006 Amendment note above.] § 45. Unfair methods of competition unlawful; prevention by Commission (a) Declaration of unlawfulness; power to pro- hibit unfair practices; inapplicability to for- eign trade (1) Unfair methods of competition in or affect- ing commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful. (2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan in- stitutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, common carriers subject to the Acts to regulate commerce, air carriers and