Page:United States Statutes at Large Volume 108 Part 2.djvu/979

 PUBLIC LAW 103-312—AUG. 26, 1994 108 STAT. 1695 (B) by inserting "results of inspections of tangible things," immediately after "Such documentary material,"; and (8) in subsection (b)(7), by inserting "tangible things," immediately after "documentary material,". SEC. 9. DEFINITION OF UNFAIR ACTS OR PRACnCEa Section 5 (15 U.S.C. 45) is amended by adding at the end the following: "(n) The Commission shall have no authority under this section or section 18 to declare unlawful an act or practice on the grounds that such act or practice is unfair unless the act or practice causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benents to consumers or to competition. In determining whether an act or practice is unfair, the Commission may consider established public policies as evidence to be considered with all other evidence. Such public policy considerations may not serve as a primary basis for such determination.". SEC. 10. PROCESS. (a) AUTHORITY. — (1) ADVERTISEMENTS IN VIOLATION OF SECTION 12.— Section 13(a) (15 U.S.C. 53(a)) is amended by striking the last sentence and inserting the following: "Any suit may be brought where such person, partnership, or corporation resides or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code. In addition, the court may, if the court determines that the interests of justice require that any other person, partnership, or corporation should be a party in such suit, cause such other person, partnership, or corporation to be added as a party without regard to whether venue is otherwise proper in me district in which the suit is brought. In any suit under this section, process may be served on any person, partnership, or corporation wherever it may be found.. (2) PROVISIONS ENFORCED BY COMMISSION. —Section 13(b) (15 U.S.C. 53(b)) is amended by striking the last sentence and inserting the following: "Any suit may be brought where such person, partnership, or corporation resides or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code. In addition, the court may, if the court determines that the interests of justice require that any other person, partnership, or corporation should be a party in such suit, cause such other person, partnership, or corporation to be added as a party without regard to whether venue is otherwise proper in the district in which the suit is brought. In any suit under this section, process may be served on any person, partnership, or corporation wherever it may be found.". (b) PROCEDURES.— Section 13 (15 U.S.C. 53) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting immediately after subsection (b) the following new subsection: "(c) Any process of the Commission under this section may be served by any person duly authorized by the Commission— "(1) by aelivering a copy of such process to the person to be served, to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to oe served;

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