Amending Federal Trade Commission Act: Hearings Before the Committee on Interstate and Foreign Commerce, House of Representatives, Eightieth Congress, Second Session, on H.R. 3871 ... Apr. 28, 29, and May 10, 1948
U.S. Government Printing Office, 1948 - 298 pages
Considers legislation to transfer from FTC to the U.S. district courts the power to decide whether the Federal Trade Commission Act has been violated by unfair methods of competition or deceptive practices in commerce.
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Page 261 - If upon such hearing the Commission shall be of the opinion that the method of competition or the act or practice in question is prohibited by this Act, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and cause to be served on such person, partnership, or corporation an order requiring such person, partnership, or corporation to cease and desist from using such method of competition or such act or practice.
Page 258 - If upon the preponderance of the testimony taken the Board shall be of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice...
Page 228 - ... be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for an agency. No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency...
Page 1 - Unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful.
Page 19 - Commission shall have reason to believe that any such person, partnership, or corporation has been or is using any unfair method of competition or unfair or deceptive act or practice in commerce, and if it shall appear to the Commission that a proceeding by it in respect thereof would be to the interest of the public...
Page 210 - unfair method of competition' are not defined by the statute and their exact meaning is in dispute. It is for the courts, not the commission, ultimately to determine as matter of law what they include. They are clearly inapplicable to practices never heretofore regarded as opposed to good morals because characterized by deception, bad faith, fraud or oppression, or as against public policy because of their dangerous tendency unduly to hinder competition or create monopoly.
Page 262 - Act, it shall make a report in writing in which it shall state its findings as to the [facts,] facts and shall issue and cause to be served on such person, partnership, or corporation an order requiring such person, partnership, or corporation to cease and desist from using such method of competition or such act or practice.
Page 6 - Great constitutional provisions must be administered with caution. Some play must be allowed for the joints of the machine, and it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the courts.