General Motors Corporation, et al.; Prohibited Trade Practices and Affirmative Corrective Actions

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