Page:United States Statutes at Large Volume 52.djvu/153

 PUBLIC LAWS-CH. 49-MAR. 21, 1938 42 Stat. 159, 169 or corporations subject to the Packers and Stockyards Act, 1921, 7 U. S. C. §§ 181-229; Supp. III, ch. 9 . except as provided in section 406 (b) of said Act, from using unfair methods of competition in commerce and unfair or deceptive acts or practices in commerce. Service of con. "(b) Whenever the Commission shall have reason to believe that plaint. any such person, partnership, or corporation has been or is using any unfair method of competition or unfair or deceptive act or prac- tice in commerce, and if it shall appear to the Commission that a proceeding by it in respect thereof would be to the interest of the Notice of hearing, public, it shall issue and serve upon such person, partnership, or cor- poration a complaint stating its charges in that respect and contain- ing a notice of a hearing upon a day and at a place therein fixed at Appearance of ac- least thirty days after the service of said complaint. The person, cused. partnership, or corporation so complained of shall have the right to appear at the place and time so fixed and show cause why an order should not be entered by the Commission requiring such person, part- nership, or corporation to cease and desist from the violation of the Intervention by law so charged in said complaint. Any person, partnership, or cor- other parties. poration may make application, and upon good cause shown may be allowed by the Commission to intervene and appear in said proceed- Testimony. ing by counsel or in person. The testimony in any such proceeding shall be reduced to writing and filed in the office of the Commission. Report of findings. If upon such hearing the Commission shall be of the opinion that the method of competition or the act or practice in question is prohibited Issuance of cease by this Act, it shall make a report in writing in which it shall state and desist order. . sa. e,pi is its findings as to the facts and shall issue and cause to be served on such person, partnership, or corporation an order requiring such per- son, partnership, or corporation to cease and desist from using such Modification, etc. method of competition or such act or practice. Until the expiration of the time allowed for filing a petition for review, if no such peti- tion has been duly filed within such time, or, if a petition for review has been filed within such time then until the transcript of the record in the proceeding has been filed in a circuit court of appeals of the United States, as hereinafter provided, the Commission may at any time, upon such notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any report or any order made Reopening,altering, or issued by it under this section. After the expiration of the time etc., of order, allowed for filing a petition for review, if no such petition has been duly filed within such time, the Commission may at any time, after notice and opportunity for hearing, reopen and alter, modify, or set aside, in whole or in part, any report or order made or issued by it under this section, whenever in the opinion of the Commission condi- tions of fact or of law have so changed as to require such action or Pro'iso. if the public interest shall so require: Provided, however, That the t oappea said person, partnership, or corporation may, within sixty days after service upon him or it of said report or order entered after such a reopening, obtain a review thereof in the appropriate circuit court of appeals of the United States, in the manner provided in subsection (c) of this section. Review by appror- "(c) Any person, partnership, or corporation required by an order appealsc of the Commission to cease and desist from using any method of competition or act or practice may obtain a review of such order in the circuit court of appeals of the United States, within any circuit where the method of competition or the act or practice in question was used or where such person, partnership, or corporation resides or carries on business, by filing in the court, within sixty days from the date of the service of such order, a written petition praying that torafnscript of record the order of the Commission be set aside. A copy of such petition shall be forthwith served upon the Commission, and thereupon the Commission forthwith shall certify and file in the court a transcript [52 STAT.

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