PRE-1959 FTC ORDERS UNDER THE CLAYTON ACT—ARE THEY ENFORCEABLE?

You will recall that prior to 1959 Section 11 of the Clayton Act1 provided what was described by some as a "cumbersome" method of enforcement of orders issued by the Federal Trade Commission and other regulatory agencies. The first four paragraphs of that old Sec tion 11 are of particular importance to this discussion. The first paragraph designated various regulatory agencies to enforce Sections 2, 3, 7, and 8. The second paragraph provided a procedure for the issuance of cease and desist or divestiture orders. The third para graph provided that, if the respondent failed to obey the order, the Commission might apply to a United States Court of Appeals which would "have power to make and enter a decree affirming, modifying, or setting aside the order." The fourth paragraph provided that a respondent might on its own motion obtain review in a Court of Appeals.