H.D. Lee Co., Inc
Volume 119 · 119 F.T.C. 256
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H.D. Lee Co., Inc, 119 F.T.C. 256 (1995). Consumer Law Library, https://consumerlawlibrary.org/decisions/v119-0015
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- 62 F.T.C. 1248 — HERBERT A. HOWELL DOING BUSINESS AS HOOSIER SALES COMPANY cited_neutral
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IN THE MATTER OF THE H.D. LEE CO., INC.
SET ASIDE ORDER IN REGARD TO ALLEGED VIOLATION OF SEC. 2(d) OF THE CLAYTON ACT Docket C-411. Consent Order, May 1, 1963* -- Set Aside Order, Feb. 14, 1995 The Federal Trade Commission has set aside a 1965 consent order with The H.D. Lee Co., Inc., (62 FTC 1248), 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 PROCEEDING AND SETTING ASIDE ORDER On October 26, 1994, The Lee Apparel Company, Inc., formerly The H.D. Lee Co., Inc. ("Lee") filed its Petition To Reopen and Set Aside Consent Order ("Petition") in this matter. Lee requests that the Commission set aside the 1965 consent order in this matter pursuant to 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 July 22, 1994, published at 59 Fed. Reg. 45,286-92 (Sept. 1, 1994) ("Sunset Policy Statement”). In the Petition, Lee 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 December 15, 1994. No comments were received. The Commission in its July 22, 1994, 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 order in Docket No. C-411 became final on August 9, 1965, and has been in effect for more than twenty-nine years. Consistent with the Commission's July 22, 1994, Sunset Policy Statement, the presumption is that the order should be terminated. Nothing to * The consent order was made effective on August 9, 1965. See Sunset Policy Statement, 59 Fed. Reg. at 45, 289. THE H.D. LEE CO., INC. 257 256 Set Aside Order overcome the presumption having been presented, the Commission has determined to reopen the proceeding and set aside the order in Docket No. C-411.
Accordingly, /t is ordered, That this matter be, and it hereby is, reopened;
It is furthered ordered, That the Commission's order in Docket No. C-411 be, and it hereby is, set aside, as of the effective date of this order.
Complaint 119 F.T.C.