North American Philips Company, Inc

Text (OCR of the scan; may contain errors)

NORTH AMERICAN PHILIPS COMPANY, INC.

Docket 6900. Order, Sept. 30, 1959 Order denying motion to reopen Clayton Act proceeding—disposed of by a consent order on Nov. 3, 1958, 55 F.T.C, 682—following amendment of Act to provide for more expeditious enforcement of orders and imposition of penalties for violations.

Respondent, North American Philips Company, Inc., having filed a motion requesting the Commission to set aside the orders to cease and desist entered herein on November 38, 1958; and Said respondent having alleged in support: of its motion that since the entry of the orders, Section 11 of the Clayton Act has been amended by the enactment of Public Law 86-107, approved July 23, 1959, that under the statute prior to amendment respondent had the right to a hearing before a Court of Appeals on the terms of the orders before being subjected to any penalty proceedings, and that under the amended statute it is denied this opportunity; and It appearing that the orders to cease and desist were entered in disposition of this proceeding pursuant to and in strict conformity with voluntary agreements theretofore executed by the respondent and counsel in support of the complaint expressly providing for the entry thereof, and in which agreements the respondent, among other things, expressly waived all of the rights it may have had to challenge or contest the validity of the orders; and The Commission being of the opinion that the changes in the procedures for the enforcement of orders to cease and desist issued under the Clayton Act brought about by the enactment of Public Law 86-107 afford no basis for the Commission to set aside a previously entered order:

It is ordered, That the respondent’s motion be, and it hereby is, denied.