National Comics Publications, Inc

Text (OCR of the scan at left; may contain errors)

IN THE MA ITER OF NATIONAL COMICS PUBLICATIONS , INC., ET AL. SET ASIDE ORDER IN REGARD TO ALLEGED VIOLA non OF SEe. 2 OF THE CLA YTON ACT Docket 7614. Consent Order. July 1960--5et Aside Order. June . 1995 The Federal Trade Commission has reopened a 1960 consent order (57 FTC 69) -which required the companies to offer promotional allowances for their publications on proportionally equal tenns to all customers -- and has set aside the consent order pursuant to the Commssion 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 February 16, 1995, DC Comics and Warner Publisher Services, Inc. ("WPS "), as respondents and successors to National Comics Publications, Inc. and Independent News Company, Inc. filed a Petition to Reopen and Set Aside Consent Order ("Petition in this matter. DC and WPS request that the Commission set aside the 1960 consent order in this matter pursuant to Section 5(b) of the Federal Trade Commission Act, 15 U. c. 45(b), Rule 2.51 of the Commission s Rules of Practice, 16 CFR 2. , 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 its Petition, DC and WPS affnnatively state that neither has engaged in any conduct violating the tenns of the order. The Petition was placed on the public record, and the thirtyday comment period expired on March 27, 1995. No comments were recei ved.

The Commission in its Sunset Policy Statement said, in relevant part, that "effective immediately, the Commission wil presume, in 1 Since the Commission issued the order in this matter, National Comics has become DC Comics a genera! parnership between Warer Communications, Inc., and Time Warer Entertainment Co. , L.P. Independent has changed its nare to Warer Publisher Services, Inc., and is now owned by Warer Communications Inc.

NATIONAL COMICS PUBLICAnONS , INC.. ET AL. 831 830 Set Aside Order 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 consent order in Docket No. 7614 was issued on July 6, 1960, and has been in effect for more than twenty 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. 7614.

Accordingly, It is ordered, That this matter be, and it hereby is reopened;

It isjurther ordered, That the Conussion s order in Docket No. 7614 be, and it hereby is, set aside as of the effective date of this order.

2 See Sunset Policy Statement. 59 Fed. Reg. at 45 289. Set Aside Order 119 FTC.