16 C.F.R. § 2.31
Opportunity to submit a proposed consent order
(a) Where time, the nature of the proceeding, and the public interest permit, any individual, partnership, or corporation being investigated shall be afforded the opportunity to submit through the operating Bureau or Regional Office having responsibility in the matter a proposal for disposition of the matter in the form of a consent order agreement executed by the party being investigated and complying with the requirements of § 2.32, for consideration by the Commission in connection with a proposed complaint submitted by the Commission's staff.
(b) After a complaint has been issued, the consent order procedure described in this part will not be available except as provided in § 3.25(b).
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1974–2024 · leading case: Action on Saf. & Health v. Fed. Trade Comm'n, 498 F.2d 757 (D.C. Cir. 1974).
Action on Saf. & Health v. Fed. Trade Comm'n, 498 F.2d 757 (D.C. Cir. 1974). “On October 12, 1972, the Commission, pursuant to 16 C.F.R. 2.31, declared its intention to issue a complaint charging Volvo, Inc.”
Trans World Accounts, Inc. v. Associated Press, 425 F. Supp. 814 (N.D. Cal. 1977). “§ 45 , 16 C.F.R. §§ 2.31 , 2.32. An integral feature of the Commission’s enforcement effort is the publicity which attends the issuance of proposed complaints.”
Scm Corp. v. Fed. Trade Comm'n, 565 F.2d 807 (2d Cir. 1977). “See 16 C.F.R. §§ 2.31 , 3.1 et seq.; 40 Fed. Reg.”
Caulfield v. Bd. of Ed. of City of NY, 449 F. Supp. 1203 (E.D.N.Y 1978). “” 16 C.F.R. § 2.31 . The regulations permit the Commission to negotiate informally with a proposed respondent to reach a precomplaint consent agreement.”
Dr Pepper/Seven-Up Companies, Inc. v. Fed. Trade Comm'n, 798 F. Supp. 762 (D.D.C. 1992). “See 16 C.F.R. §§ 2.31 (b), 3.25(b)-(f). The regulations empower Commission staff to enter into settlement agreements even after the issuance of an administrative complaint, thereby removing the matter from formal adjudication.”
Meta Platforms, Inc. v. Fed. Trade Comm'n (D.D.C. 2024). “” 16 C.F.R. § 2.31 (a). Under FTC regulations, “[e]very agreement in settlement of a Commission complaint” must contain several provisions, including: (1) “either an admission of the proposed findings of fact and conclusions of law submitted simultaneously by the Commission’s…”
Meta Platforms, Inc. v. Fed. Trade Comm'n (D.D.C. 2024). “” 16 C.F.R. § 2.31 (a). Under FTC regulations, “[e]very agreement in settlement of a Commission complaint” must contain several provisions, including: (1) “either an admission of the proposed findings of fact and conclusions of law submitted simultaneously by the Commission’s…”
Winn-Dixie Stores, Inc. v. Fed. Trade Comm'n, 377 F. Supp. 773 (M.D. Fla. 1974). “FACTS Following an investigation by the FTC of several acquisitions made by Winn-Dixie which the Commission had reason to believe violated Section 7 of the Clayton Act, as amended, the Commission, pursuant to its consent order procedure ( 16 C.F.R. § 2.31 et seq.) accepted an…”
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