16 C.F.R. § 2.32

Agreement

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Every agreement in settlement of a Commission complaint shall contain, in addition to an appropriate proposed order, either an admission of the proposed findings of fact and conclusions of law submitted simultaneously by the Commission's staff or an admission of all jurisdictional facts and an express waiver of the requirement that the Commission's decision contain a statement of findings of fact and conclusions of law. Every agreement also shall waive further procedural steps and all rights to seek judicial review or otherwise to challenge or contest the validity of the order. In addition, where appropriate, every agreement in settlement of a Commission complaint challenging the lawfulness of a proposed merger or acquisition shall also contain a hold-separate or asset-maintenance order. The agreement may state that the signing thereof is for settlement purposes only and does not constitute an admission by any party that the law has been violated as alleged in the complaint. Every agreement shall provide that:

(a) The complaint may be used in construing the terms of the order;

(b) No agreement, understanding, representation, or interpretation not contained in the order or the aforementioned agreement may be used to vary or to contradict the terms of the order;

(c) The order will have the same force and effect and may be altered, modified or set aside in the same manner provided by statute for Commission orders issued on a litigated or stipulated record;

(d) Except as provided by order of the Commission, any order issued pursuant to the agreement will become final upon service;

(e) The agreement will not become a part of the public record unless and until it is accepted by the Commission; and

(f) If the Commission accepts the agreement, further proceedings will be governed by § 2.34.

[64 FR 46268, Aug. 25, 1999]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1977–2024 · leading case: Jalbert v. SEC, 945 F.3d 587 (1st Cir. 2019).

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Jalbert v. SEC, 945 F.3d 587 (1st Cir. 2019). “, 16 C.F.R. § 2.32 (FTC regulation requiring that "[e]very agreement [in settlement of an FTC complaint] waive further procedural steps and all rights to seek judicial review or otherwise to challenge or contest the validity of the order"); 47 C.”

Johnson Prods. Co. v. Fed. Trade Comm'n, 549 F.2d 35 (7th Cir. 1977). “16 C.F.R. §§ 2.32 , 2.34. The Commission is given thirty days in which to make its decision on whether to withdraw its acceptance.”

Dr Pepper/Seven-Up Companies, Inc. v. Fed. Trade Comm'n, 798 F. Supp. 762 (D.D.C. 1992). “See 16 C.F.R. § 2.32 . They require, moreover, that settlement agreements executed by Commission staff be considered by the Commission itself, which has discretion to accept or reject the agreement in whole or in part.”

Jerome Milton, Inc. v. Fed. Trade Comm'n, 734 F. Supp. 1416 (N.D. Ill. 1990). “Pursuant to 16 C.F.R. § 2.32 , a settlement agreement is not final until accepted by the Commission.”

Meta Platforms, Inc. v. FTC (D.C. Cir. 2024). · cites it 4× “§ 45 (b). Most relevantly here, a regulation requires that “[e]very agreement in settlement of a Commission complaint” provide that the resulting order “may be altered, modified, or set aside” through the Act’s administrative proceedings.”

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