P. Lorillard Co

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IN THE MATTER OF P. LORILLARD CO.

SET ASIDE ORDER IN REGARD TO ALLEGED VIOLATION OF SEC. 2 OF THE CLAYTON ACT Docket 6600. Consent Order, May 7, 1958--Set Aside Order, Aug. 24, 1995 This order reopens a 1958 consent order--which required Lorillard to offer compensation for promotional services on proportionally equal terms to all competing companies that distribute its tobacco and other products--and sets aside the 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. ORDER REOPENING AND PROCEEDING AND SETTING ASIDE ORDER On May 5, 1995, Lorillard Tobacco Company ("Lorillard"), as respondent and successor to P. Lorillard Co., filed its Petition to Reopen and Set Aside Cease and Desist Order ("Petition") in this matter. Lorillard request that the Commission set aside the 1959 order in this matter pursuant to Section 5(b) of the Federal Trade Commission Act, 15 U.S.C. 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 Fed. Reg. 45,286-92 (Sept. 1, 1994) ("Sunset Policy Statement"). In the Petition, Lorillard affirmatively states that it has not engaged in any conduct violating the terms of the order. The Petition was placed on the public record, and the thirty-day comment period expired on June 14, 1995. No comments were received. 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."' The Commission's cease and desist order in Docket No. 6600, issued on May 7, 1958, and affirmed by the United States ' see Sunset Policy Statement, 59 Fed. Reg. at 45, 289. Set Aside Order 120 F.T.C.

Court of Appeals for the Third Circuit on June 4, 1959, has been in effect for thirty-six 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. 6600. 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. 6600 be, and it hereby is, set aside, as of the effective date of this order.

THE VALSPAR CORPORATION, ET AL. 597 597 Modifying Order