Federal Trade Commission Act Amendments of 1985

Summary

Federal Trade Commission Act Amendments of 1985 - Amends the Federal Trade Commission Act to deny authority to the Federal Trade Commission (FTC) to find a method of competition unfair if, in any action under the Sherman Act, such method of competition would be held to constitute State action. Denies the FTC authority to study, investigate, or prosecute agricultural cooperatives for any conduct not in violation of antitrust Acts. Outlines procedures which the FTC must follow before issuing any complaint against a cooperative. Denies FTC authority to issue a complaint if it believes an exemption to the conduct complained of exists in the Capper-Volstead Act. Directs the Secretary of Agriculture to designate those individuals who may have access to documents or information received from the FTC. Requires confidentiality of such individuals. Prohibits Department of Agriculture officials or employees from requesting information regarding any complaint unless specifically authorized in writing by the FTC. Authorizes the Secretary to file with the FTC a statement regarding the applicability of the Capper-Volstead Act to the conduct which is the basis of the complaint. Denies the FTC authority to conduct any study or investigation of any agricultural marketing orders. Repeals the authority of the FTC to pay attorneys fees, expert witness fees, and other costs of participating in a rulemaking proceeding. Prohibits the FTC from instituting a civil action, in cases involving consent orders, to obtain civil penalties for unfair or deceptive acts or practices. Permits a district court to review certain FTC determinations of law that an act or practice was unfair or deceptive. Permits the FTC to issue a notice of proposed rulemaking for certain rules only where it has reason to believe that the unfair or deceptive acts or practices are prevalent. Revises the effective dates for cease and desist orders issued by the FTC. Applies FTC civil investigative demand procedures only to acts, practices or methods of competition declared unlawful by a law. Requires that an unfair act or practice must be likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. Denies authority to the FTC to cancel the registration of a trademark on the ground that such mark has become the common descriptive name of an article or substance. Excludes Federal credit unions from the FTC's unfair acts and practices regulatory authority. Directs the National Credit Union Administration Board to promulgate and enforce regulations concerning unfair acts and practices by credit unions. Denies FTC authority to initiate any new rulemaking proceeding which results in a rule prohibiting commercial advertising on the basis that such advertising constitutes an unfair act or practice in or affecting commerce. Directs the FTC to submit to appropriate congressional committees a report describing complaints made, investigations undertaken, recommendations and opinions given, and consent agreements and other dispositions made by the Commission. Requires that such report shall also contain a statement of the reasons for the termination of any matter. Authorizes appropriations for the FTC for FY 1986 through 1988, including a specified amount to consolidate FTC Headquarters Offices in Washington, D.C., into no more than three buildings.

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Documents

4 official files

• Passed House amended

  summary · EN · 17 September 1985

  Open at official source

• Passed Senate amended

  summary · EN · 26 July 1985

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 11 June 1985

  Open at official source

• Introduced in Senate

  summary · EN · 6 May 1985

  Open at official source

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