15 U.S.C. § 46 — Additional powers of Commission

Page 67 TITLE 15—COMMERCE AND TRADE § 46 place, either directly or through its payment processor. (4) Online marketplace The term ‘‘online marketplace’’ means any person or entity that operates a consumer-di- rected electronically based or accessed plat- form that— (A) includes features that allow for, facili- tate, or enable third party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States; (B) is used by one or more third party sell- ers for such purposes; and (C) has a contractual or similar relation- ship with consumers governing their use of the platform to purchase consumer products. (5) Seller The term ‘‘seller’’ means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace’s plat- form. (6) Third party seller (A) In general The term ‘‘third party seller’’ means any seller, independent of an online market- place, who sells, offers to sell, or contracts to sell a consumer product in the United States through such online marketplace’s platform. (B) Exclusions The term ‘‘third party seller’’ does not in- clude, with respect to an online market- place— (i) a seller who operates the online mar- ketplace’s platform; or (ii) a business entity that has— (I) made available to the general public the entity’s name, business address, and working contact information; (II) an ongoing contractual relation- ship with the online marketplace to pro- vide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and (III) provided to the online market- place identifying information, as de- scribed in subsection (a), that has been verified in accordance with that sub- section. (7) Verify The term ‘‘verify’’ means to confirm infor- mation provided to an online marketplace pur- suant to this section, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an indi- vidual acting on the seller’s behalf, not mis- appropriated, and not falsified. (g) Relationship to State laws No State or political subdivision of a State, or territory of the United States, may establish or continue in effect any law, regulation, rule, re- quirement, or standard that conflicts with the requirements of this section. (h) Effective date This section shall take effect 180 days after December 29, 2022. (Pub. L. 117–328, div. BB, title III, § 301, Dec. 29, 2022, 136 Stat. 5555.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (c)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classifica- tion of this Act to the Code, see section 58 of this title and Tables. CODIFICATION Section was enacted as part of the Consolidated Ap- propriations Act, 2023, and not as part of the Federal Trade Commission Act which comprises this chapter. § 46. Additional powers of Commission The Commission shall also have power— (a) Investigation of persons, partnerships, or cor- porations To gather and compile information con- cerning, and to investigate from time to time the organization, business, conduct, practices, and management of any person, partnership, or corporation engaged in or whose business affects commerce, excepting 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, and common carriers sub- ject to the Act to regulate commerce, and its re- lation to other persons, partnerships, and cor- porations. (b) Reports of persons, partnerships, and cor- porations To require, by general or special orders, per- sons, partnerships, and corporations, engaged in or whose business affects commerce, excepting banks, savings and loan institutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, and common carriers subject to the Act to regu- late commerce, or any class of them, or any of them, respectively, to file with the Commission in such form as the Commission may prescribe annual or special, or both annual and special, re- ports or answers in writing to specific questions, furnishing to the Commission such information as it may require as to the organization, busi- ness, conduct, practices, management, and rela- tion to other corporations, partnerships, and in- dividuals of the respective persons, partnerships, and corporations filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the Commis- sion may prescribe, and shall be filed with the Commission within such reasonable period as the Commission may prescribe, unless addi- tional time be granted in any case by the Com- mission. (c) Investigation of compliance with antitrust de- crees Whenever a final decree has been entered against any defendant corporation in any suit brought by the United States to prevent and re- Page 68 TITLE 15—COMMERCE AND TRADE § 46 strain any violation of the antitrust Acts, to make investigation, upon its own initiative, of the manner in which the decree has been or is being carried out, and upon the application of the Attorney General it shall be its duty to make such investigation. It shall transmit to the Attorney General a report embodying its findings and recommendations as a result of any such investigation, and the report shall be made public in the discretion of the Commission. (d) Investigations of violations of antitrust stat- utes Upon the direction of the President or either House of Congress to investigate and report the facts relating to any alleged violations of the antitrust Acts by any corporation. (e) Readjustment of business of corporations vio- lating antitrust statutes Upon the application of the Attorney General to investigate and make recommendations for the readjustment of the business of any corpora- tion alleged to be violating the antitrust Acts in order that the corporation may thereafter main- tain its organization, management, and conduct of business in accordance with law. (f) Publication of information; reports To make public from time to time such por- tions of the information obtained by it here- under as are in the public interest; and to make annual and special reports to the Congress and to submit therewith recommendations for addi- tional legislation; and to provide for the publi- cation of its reports and decisions in such form and manner as may be best adapted for public information and use: Provided, That the Com- mission shall not have any authority to make public any trade secret or any commercial or fi- nancial information which is obtained from any person and which is privileged or confidential, except that the Commission may disclose such information (1) to officers and employees of ap- propriate Federal law enforcement agencies or to any officer or employee of any State law en- forcement agency upon the prior certification of an officer of any such Federal or State law en- forcement agency that such information will be maintained in confidence and will be used only for official law enforcement purposes, and (2) to any officer or employee of any foreign law en- forcement agency under the same circumstances that making material available to foreign law enforcement agencies is permitted under section 57b–2(b) of this title. (g) Classification of corporations; regulations From time to time classify corporations and (except as provided in section 57a(a)(2) of this title) to make rules and regulations for the pur- pose of carrying out the provisions of this sub- chapter. (h) Investigations of foreign trade conditions; re- ports To investigate, from time to time, trade con- ditions in and with foreign countries where asso- ciations, combinations, or practices of manufac- turers, merchants, or traders, or other condi- tions, may affect the foreign trade of the United States, and to report to Congress thereon, with such recommendations as it deems advisable. (i) Investigations of foreign antitrust law viola- tions With respect to the International Antitrust Enforcement Assistance Act of 1994 [15 U.S.C. 6201 et seq.], to conduct investigations of pos- sible violations of foreign antitrust laws (as de- fined in section 12 of such Act [15 U.S.C. 6211]). (j) Investigative assistance for foreign law en- forcement agencies (1) In general Upon a written request from a foreign law enforcement agency to provide assistance in accordance with this subsection, if the re- questing agency states that it is investigating, or engaging in enforcement proceedings against, possible violations of laws prohibiting fraudulent or deceptive commercial practices, or other practices substantially similar to practices prohibited by any provision of the laws administered by the Commission, other than Federal antitrust laws (as defined in sec- tion 12(5) of the International Antitrust En- forcement Assistance Act of 1994 (15 U.S.C. 6211(5))), to provide the assistance described in paragraph (2) without requiring that the con- duct identified in the request constitute a vio- lation of the laws of the United States. (2) Type of assistance In providing assistance to a foreign law en- forcement agency under this subsection, the Commission may— (A) conduct such investigation as the Com- mission deems necessary to collect informa- tion and evidence pertinent to the request for assistance, using all investigative powers authorized by this subchapter; and (B) when the request is from an agency acting to investigate or pursue the enforce- ment of civil laws, or when the Attorney General refers a request to the Commission from an agency acting to investigate or pur- sue the enforcement of criminal laws, seek and accept appointment by a United States district court of Commission attorneys to provide assistance to foreign and inter- national tribunals and to litigants before such tribunals on behalf of a foreign law en- forcement agency pursuant to section 1782 of title 28. (3) Criteria for determination In deciding whether to provide such assist- ance, the Commission shall consider all rel- evant factors, including— (A) whether the requesting agency has agreed to provide or will provide reciprocal assistance to the Commission; (B) whether compliance with the request would prejudice the public interest of the United States; and (C) whether the requesting agency’s inves- tigation or enforcement proceeding concerns acts or practices that cause or are likely to cause injury to a significant number of per- sons. (4) International agreements If a foreign law enforcement agency has set forth a legal basis for requiring execution of an international agreement as a condition for Page 69 TITLE 15—COMMERCE AND TRADE § 46 1 See References in Text note below. reciprocal assistance, or as a condition for provision of materials or information to the Commission, the Commission, with prior ap- proval and ongoing oversight of the Secretary of State, and with final approval of the agree- ment by the Secretary of State, may negotiate and conclude an international agreement, in the name of either the United States or the Commission, for the purpose of obtaining such assistance, materials, or information. The Commission may undertake in such an inter- national agreement to— (A) provide assistance using the powers set forth in this subsection; (B) disclose materials and information in accordance with subsection (f) and section 57b–2(b) of this title; and (C) engage in further cooperation, and pro- tect materials and information received from disclosure, as authorized by this sub- chapter. (5) Additional authority The authority provided by this subsection is in addition to, and not in lieu of, any other au- thority vested in the Commission or any other officer of the United States. (6) Limitation The authority granted by this subsection shall not authorize the Commission to take any action or exercise any power with respect to a bank, a savings and loan institution de- scribed in section 57a(f)(3) of this title, a Fed- eral credit union described in section 57a(f)(4) of this title, or a common carrier subject to the Act to regulate commerce, except in ac- cordance with the undesignated proviso fol- lowing the last designated subsection of this section. (7) Assistance to certain countries The Commission may not provide investiga- tive assistance under this subsection to a for- eign law enforcement agency from a foreign state that the Secretary of State has deter- mined, in accordance with section 4605(j) 1 of title 50, has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursu- ant to section 4605(j)(4) 1 of title 50. (k) Referral of evidence for criminal proceedings (1) In general Whenever the Commission obtains evidence that any person, partnership, or corporation, either domestic or foreign, has engaged in con- duct that may constitute a violation of Fed- eral criminal law, to transmit such evidence to the Attorney General, who may institute criminal proceedings under appropriate stat- utes. Nothing in this paragraph affects any other authority of the Commission to disclose information. (2) International information The Commission shall endeavor to ensure, with respect to memoranda of understanding and international agreements it may con- clude, that material it has obtained from for- eign law enforcement agencies acting to inves- tigate or pursue the enforcement of foreign criminal laws may be used for the purpose of investigation, prosecution, or prevention of violations of United States criminal laws. (l) Expenditures for cooperative arrangements To expend appropriated funds for— (1) operating expenses and other costs of bi- lateral and multilateral cooperative law en- forcement groups conducting activities of in- terest to the Commission and in which the Commission participates; and (2) expenses for consultations and meetings hosted by the Commission with foreign gov- ernment agency officials, members of their delegations, appropriate representatives and staff to exchange views concerning develop- ments relating to the Commission’s mission, development and implementation of coopera- tion agreements, and provision of technical as- sistance for the development of foreign con- sumer protection or competition regimes, such expenses to include necessary administrative and logistic expenses and the expenses of Com- mission staff and foreign invitees in attend- ance at such consultations and meetings in- cluding— (A) such incidental expenses as meals taken in the course of such attendance; (B) any travel and transportation to or from such meetings; and (C) any other related lodging or subsist- ence. Provided, That the exception of ‘‘banks, savings and loan institutions described in section 57a(f)(3) of this title, Federal credit unions de- scribed in section 57a(f)(4) of this title, and com- mon carriers subject to the Act to regulate com- merce’’ from the Commission’s powers defined in subsections (a), (b), and (j) of this section, shall not be construed to limit the Commission’s au- thority to gather and compile information, to investigate, or to require reports or answers from, any person, partnership, or corporation to the extent that such action is necessary to the investigation of any person, partnership, or cor- poration, group of persons, partnerships, or cor- porations, or industry which is not engaged or is engaged only incidentally in banking, in busi- ness as a savings and loan institution, in busi- ness as a Federal credit union, or in business as a common carrier subject to the Act to regulate commerce. The Commission shall establish a plan de- signed to substantially reduce burdens imposed upon small businesses as a result of require- ments established by the Commission under clause (b) relating to the filing of quarterly fi- nancial reports. Such plan shall (1) be estab- lished after consultation with small businesses and persons who use the information contained in such quarterly financial reports; (2) provide for a reduction of the number of small busi- nesses required to file such quarterly financial reports; and (3) make revisions in the forms used for such quarterly financial reports for the pur- pose of reducing the complexity of such forms. The Commission, not later than December 31, 1980, shall submit such plan to the Committee on Commerce, Science, and Transportation of Page 70 TITLE 15—COMMERCE AND TRADE § 46 the Senate and to the Committee on Energy and Commerce of the House of Representatives. Such plan shall take effect not later than Octo- ber 31, 1981. No officer or employee of the Commission or any Commissioner may publish or disclose infor- mation to the public, or to any Federal agency, whereby any line-of-business data furnished by a particular establishment or individual can be identified. No one other than designated sworn officers and employees of the Commission may examine the line-of-business reports from indi- vidual firms, and information provided in the line-of-business program administered by the Commission shall be used only for statistical purposes. Information for carrying out specific law enforcement responsibilities of the Commis- sion shall be obtained under practices and proce- dures in effect on May 28, 1980, or as changed by law. Nothing in this section (other than the provi- sions of clause (c) and clause (d)) shall apply to the business of insurance, except that the Com- mission shall have authority to conduct studies and prepare reports relating to the business of insurance. The Commission may exercise such authority only upon receiving a request which is agreed to by a majority of the members of the Committee on Commerce, Science, and Trans- portation of the Senate or the Committee on Energy and Commerce of the House of Rep- resentatives. The authority to conduct any such study shall expire at the end of the Congress during which the request for such study was made. (Sept. 26, 1914, ch. 311, § 6, 38 Stat. 721; Pub. L. 93–153, title IV, § 408(e), Nov. 16, 1973, 87 Stat. 592; Pub. L. 93–637, title II, §§ 201(b), 202(b), 203(a), Jan. 4, 1975, 88 Stat. 2193, 2198; Pub. L. 96–37, § 1(b), July 23, 1979, 93 Stat. 95; Pub. L. 96–252, §§ 3–5(a), May 28, 1980, 94 Stat. 374, 375; Pub. L. 100–86, title VII, § 715(a), (b), Aug. 10, 1987, 101 Stat. 655; Pub. L. 103–437, § 5(a), Nov. 2, 1994, 108 Stat. 4582; Pub. L. 103–438, § 3(e)(2)(A), Nov. 2, 1994, 108 Stat. 4598; Pub. L. 109–455, §§ 4(a), (b), (d), 13, Dec. 22, 2006, 120 Stat. 3372, 3373, 3375, 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 Act to regulate commerce, referred to in subsecs. (a), (b), (j)(6), and the proviso following subsec. (l), is defined in section 44 of this title. The International Antitrust Enforcement Assistance Act of 1994, referred to in subsec. (i), is Pub. L. 103–438, Nov. 2, 1994, 108 Stat. 4597, which is classified prin- cipally to chapter 88 (§ 6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. Section 4605(j) of title 50, referred to in subsec. (j)(7), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For provisions similar to those of former section 4605(j) of title 50, see section 4813(c) of title 50, as enacted by Pub. L. 115–232. AMENDMENTS 2012—Pub. L. 112–203, § 1, amended Pub. L. 109–455, § 13. See 2006 Amendment notes below. 2006—Pub. L. 109–455, § 4(d), which substituted ‘‘sub- sections (a), (b), and (j)’’ for ‘‘clauses (a) and (b)’’ in proviso following subsec. (l), was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Ter- mination Date of 2006 Amendment note below. Subsec. (f). Pub. L. 109–455, § 4(a), which inserted ‘‘(1)’’ after ‘‘disclose such information’’, substituted ‘‘pur- poses, and’’ for ‘‘purposes.’’, and added par. (2) pro- viding for conditional disclosure to officers and em- ployees of foreign law enforcement, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below. Subsecs. (j) to (l). Pub. L. 109–455, § 4(b), which added subsecs. (j) to (l) relating to investigative assistance for foreign law enforcement agencies, referral of evidence for criminal proceedings, and expenditures for coopera- tive arrangements, respectively, was repealed by Pub. L. 109–455, § 13, as amended by Pub. L. 112–203, § 1. See Termination Date of 2006 Amendment note below. 1994—Pub. L. 103–437, in first and third undesignated pars. following proviso after subsec. (h), substituted ‘‘Committee on Energy and Commerce’’ for ‘‘Com- mittee on Interstate and Foreign Commerce’’. Subsec. (i). Pub. L. 103–438 added subsec. (i). 1987—Pub. L. 100–86, § 715(b), in proviso following sub- sec. (h), inserted reference to Federal credit unions de- scribed in section 57a(f)(4) of this title and reference to in business as a Federal credit union. Subsecs. (a), (b). Pub. L. 100–86, § 715(a)(1), (2), inserted reference to Federal credit unions described in section 57a(f)(4) of this title. 1980—Pub. L. 96–252, §§ 3(b)–5(a), inserted three undes- ignated paragraphs following proviso after subsec. (h) requiring the Commission to establish a plan to reduce burdens imposed upon small businesses by the quar- terly financial reporting requirements under subsec. (b) of this section, prohibiting Commissioners and officers and employees of the Commission from publishing or disclosing information whereby line-of-business data furnished by particular establishments or individuals can be identified, and, with certain exceptions, making this section inapplicable to the business of insurance. Subsec. (f). Pub. L. 96–252, § 3(a), substituted ‘‘as are’’ for ‘‘, except trade secrets and names of customers, as it shall deem expedient’’ and inserted proviso restrict- ing Commission’s authority to make public trade se- crets or commercial or financial information which is obtained from any person and which is privileged or confidential. 1979—Pub. L. 96–37, § 1(b)(3), in proviso following sub- sec. (h), inserted references to savings and loan institu- tions and to persons, partnerships, corporations, groups of persons, partnerships, or corporations or industries that are not engaged or are engaged only incidentally in business as savings and loan institutions. Subsecs. (a), (b). Pub. L. 96–37, § 1(b)(1), (2), inserted reference to savings and loan institutions described in section 57a(f)(3) of this title. 1975—Pub. L. 93–637, § 203(a)(3), in proviso following subsec. (h), substituted ‘‘any person, partnership, or corporation to the extent that such action is necessary to the investigation of any person, partnership, or cor- poration, group of persons, partnerships, or corpora- tions,’’ for ‘‘any such corporation to the extent that such action is necessary to the investigation of any corporation, group of corporations,’’. Subsec. (a). Pub. L. 93–637, §§ 201(b), 203(a)(1), sub- stituted ‘‘in or whose business affects commerce’’ for ‘‘in commerce’’, ‘‘person, partnership, or corporation’’ for ‘‘corporation’’, and ‘‘persons, partnerships, and cor- porations’’ for ‘‘corporations and to individuals, asso- ciations, and partnerships’’. Subsec. (b). Pub. L. 93–637, §§ 201(b), 203(a)(2), sub- stituted ‘‘in or whose business affects commerce’’ for ‘‘in commerce’’, ‘‘special orders, persons, partnerships, and corporations, engaged in or whose business affects Page 71 TITLE 15—COMMERCE AND TRADE § 47 commerce, excepting’’ for ‘‘special orders, corporations engaged in or whose business affects commerce, except- ing’’, and ‘‘respective persons, partnerships, and cor- porations’’ for ‘‘respective corporations’’. Subsec. (g). Pub. L. 93–637, § 202(b), inserted ‘‘(except as provided in section 57a(a)(2) of this title)’’ before ‘‘to make rules and regulations’’. 1973—Pub. L. 93–153 inserted proviso following subsec. (h) that the Commission’s investigatory powers to gather and compile information, investigate, and re- quire reports or answers is not curtailed as regards banks and common carriers when the investigation in question is an investigation of a corporation, group of corporations, or industry not engaged or engaged only incidentally in banking or in business as a common carrier subject to the Act to regulate commerce not- withstanding provisions excepting banks and common carriers subject to the Act from the exercise of the Commission’s power to investigate and require reports from corporations. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. TERMINATION DATE OF 2006 AMENDMENT Amendment by section 4(a), (b), (d) of Pub. L. 109–455 repealed effective Sept. 30, 2027, and provisions amend- ed by Pub. L. 109–455 to be amended to read as if Pub. L. 109–455 had not been enacted, see section 13 of Pub. L. 109–455, set out as a note under section 44 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–252 effective May 28, 1980, see section 23 of Pub. L. 96–252, set out as a note under section 45 of this title. APPLICABILITY OF 1975 AMENDMENT TO SUBSECTION (g) OF THIS SECTION For applicability to rules promulgated or proposed under subsec. (g) of this section prior to Jan. 4, 1975, of amendment made to said subsec. (g) by section 202(b) of Act Jan. 4, 1975, see ‘‘Applicability’’ provisions of sec- tion 202(c) of Act Jan. 4, 1975, set out as a note under section 57a of this title. STUDY AND EVALUATION OF EFFECTIVENESS OF STATE POLICIES AND PROGRAMS RELATING TO REGULATION OF CERTAIN HEALTH INSURANCE POLICIES Pub. L. 96–252, § 5(b), May 28, 1980, 94 Stat. 376, pro- vided that: ‘‘The amendment made in subsection (a) [adding undesignated paragraph authorizing studies and reports relating to the business of insurance] shall not be construed to prohibit the Federal Trade Com- mission from participating with the Secretary of Health and Human Services in a comprehensive study and evaluation of the comparative effectiveness of var- ious State policies and programs relating to the regula- tion of health insurance policies available for purchase by individuals who are eligible for benefits under the program of health insurance benefits established in title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.].’’ 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. EX. ORD. NO. 10544. INSPECTION OF INCOME TAX RETURNS BY FEDERAL TRADE COMMISSION Ex. Ord. No. 10544, July 12, 1954, 19 F.R. 4289, provided: By virtue of the authority vested in me by section 55(a) of the Internal Revenue Code (53 Stat. 29; 54 Stat. 1008; 55 Stat. 722) and in the interest of the internal management of the Government, it is hereby ordered that corporation income tax returns made for the year 1953 and subsequent years shall be open to inspection by the Federal Trade Commission as an aid in exe- cuting the powers conferred upon such Commission by the Federal Trade Commission Act of September 26, 1914, 38 Stat. 717, [this subchapter], such inspection to be in accordance and upon compliance with the rules and regulations prescribed by the Secretary of the Treasury in the Treasury decision relating to the in- spection of returns by the Federal Trade Commission, approved by me this date [T.D. 6080, 19 F.R. 4308]. This Executive Order shall be effective upon its filing for publication in the Federal Register. DWIGHT D. EISENHOWER. § 46a. Concurrent resolution essential to author- ize investigations After June 16, 1933, no new investigations shall be initiated by the Commission as the result of a legislative resolution, except the same be a concurrent resolution of the two Houses of Con- gress. (June 16, 1933, ch. 101, § 1, 48 Stat. 291.) Editorial Notes CODIFICATION Section was not enacted as part of the Federal Trade Commission Act which comprises this subchapter. 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. § 47. Reference of suits under antitrust statutes to Commission In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust Acts, the court may, upon the con- clusion of the testimony therein, if it shall be then of opinion that the complainant is entitled to relief, refer said suit to the Commission, as a master in chancery, to ascertain and report an appropriate form of decree therein. The Commis- sion shall proceed upon such notice to the par- ties and under such rules of procedure as the court may prescribe, and upon the coming in of such report such exceptions may be filed and such proceedings had in relation thereto as upon the report of a master in other equity causes, but the court may adopt or reject such report, in whole or in part, and enter such decree as the nature of the case may in its judgment require.