Page:United States Statutes at Large Volume 92 Part 1.djvu/391

 PUBLIC LAW 95-297—JUNE 19, 1978

92 STAT. 337

(3) Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) shall not apply with respect to any rule prescribed under this title. (e) It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act) for any person to violate subsection (a), (b), 15 USC 45. (c), or (e) of section 202, or a rule prescribed under subsection (d) of such section. For purposes of the Federal Trade Commission Act 15 USC 58. (including any remedy or penalty applicable to any violation thereof) such a violation shall be treated as a violation of a rule under such Act respecting unfair or deceptive acts or practices; except that for purposes of section 5(m)(l)(A) of such Act, the term "or knowledge 15 USC 45. fairly implied on the basis of objective circumstances" shall not apply to any violation by any gasoline retailer of the requirements of section 202 (c) or (e). RELATIONSHIP OF T H I S TITLE TO STATE LAW

SEC. 204. To the extent that any provision of this title applies to 15 USC 2824. any act or omission, no State or any political subdivision thereof may adopt, enforce, or continue in effect any provision of any law or regulation (including any remedy or penalty applicable to any violation thereof) with respect to such act or omission, unless such provision of such law or regulation is the same as the applicable provision of this title. EFFECTIVE DATES

SEC. 205. (a) Sections 202(a)(1) and 208(b) shall take effect on the 15 USC 2822 first day of the first calendar month beginning more than 6 months °°*®after the date of the enactment of this Act. (b) Subsections (a)(2), (b), (c), and (e) of section 202 shall take effect on the first day of the first calendar month beginning more than 9 months after such date of enactment. (c) Rules under section 202(d) may not take effect earlier than the beginning of the first motor vehicle model year which begins more than 9 months after such date of enactment. TITLE III—STUDY OF SUBSIDIZATION OF MOTOR F U E L MARKETING SEC. 301. (a) The Secretary of Energy, in consultation with the 15 USC 2841. Chairman of the Federal Trade Commission and the Attorney General and other agencies as the Secretary deems appropriate, shall conduct a study of the extent to which producers, refinere, and other suppliers of motor fuel subsidize the sale of such motor fuel at retail or wholesale with profits obtained from other operations. (b) Such study shall examine— (1) the role of vertically integrated operations in facilitating subsidization of sales of motor fuel at wholesale or retail; (2) the extent to which such subsidization is predatory and presents a threat to competition; (3) the profitability of various segments of the petroleum industry; (4) the irnpact of prohibiting such subsidization on the competitive viability of various segments of the petroleum industry, on prices of motor fuel to consumers and on the health and structure of the petroleum industry as a whole; and (5) such other matters as the Secretary considers appropriate.

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