[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31118-31119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15489]



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FEDERAL TRADE COMMISSION
[Docket No. 5698]


Harley-Davidson Motor Co.; Prohibited Trade Practices and 
Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Set aside order.

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SUMMARY: The Federal Trade Commission has set aside a 1954 consent 
order with Harley-Davidson Motor Co. pursuant to the Commission's 
Sunset Policy, under which the Commission presumes, in the context of 
petitions to reopen and modify orders, that the public interest 
requires terminating orders that have been in effect for more than 20 
years.

DATES: Consent order issued June 29, 1954. Set aside order issued July 
11, 1995.

FOR FURTHER INFORMATION CONTACT:
Daniel Ducore, FTC/S-2115, Washington, DC 20580. (202) 326-2526.

SUPPLEMENTARY INFORMATION: In the Matter of Harley-Davidson Motor Co. 
The prohibited trade practices and/or corrective actions are removed as 
indicated.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 3, 38 
Stat. 731; 15 U.S.C. 14)

    In the matter of: Harley-Davidson Motor Co., a corporation; 
Docket No. 5698

[[Page 31119]]

Order Reopening Proceeding and Setting Aside Order

    On February 8, 1995, Harley-Davidson Motor Company (``Harley-
Davidson''), the respondent subject to the order issued by the 
Commission on June 29, 1954, in Docket No. 5698, In the Matter of 
Harley-Davidson Co., 50 F.T.C. 1047 (1954) (``Order''), filed a 
Petition to Reopen Proceedings and Set Aside Cease and Desist Order 
(``Petition''). Among other things, Harley-Davidson requests that the 
Commission set aside the order in this matter pursuant to Section 2.51 
of the Commission's Rules of Practice, 16 C.F.R. Sec. 2.51, and the 
Statement of Policy With Respect to Duration of Competition Orders and 
Statement of Intention to Solicit Public Comment With Respect to 
Duration of Consumer Protection Orders, issued on July 22, 1994, and 
published at 59 Fed. Reg. 45,286-92 (Sept. 1, 1994) (``Sunset Policy 
Statement''). In the Petition, Harley-Davidson affirmatively states 
that it has not engaged in any conduct violating the terms of the 
order. The Petition was placed on the public record, and close to 200 
comments were received.\1\
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    \1\ To accommodate numerous requests to provide additional time 
to prepare and submit written comments concerning Harley-Davidson's 
Petition, the Commission extended the initial public comment period 
in this matter by thirty days.
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    The Commission in its July 22, 1994, Sunset Policy Statement said, 
in relevant part, that ``effective immediately, the Commission will 
presume, in the context of petitions to reopen and modify existing 
orders, that the public interest requires setting aside orders in 
effect for more than twenty years.'' \2\ The Commission's order in 
Docket No. 5698 was issued on June 29, 1954, and has been in effect for 
over twenty years. Consistent with the Sunset Policy Statement, the 
presumption is that the order should be terminated. Nothing to overcome 
the presumption having been presented, the Commission has determined to 
reopen the proceeding and set aside the order in Docket 5698.
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    \2\ Sunset Policy Statement, (59 FR 45289).
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    In light of some of the commenters' belief that granting Harley-
Davidson's Petition would be commensurate with allowing it to engage in 
conduct that may violate the antitrust laws, and their concern that 
Harley-Davidson may use certain marketing practices to engage in 
unlawful conduct in the event the Commission sets aside the order in 
Docket No. 5698, the Commission notes that Harley-Davidson's conduct 
would continue to be subject to a case-by-case, rule of reason analysis 
under the antitrust laws. Harley-Davidson's conduct would also continue 
be subject to state motor vehicle dealer protection laws.
    Accordingly, it is ordered that this matter be, and it hereby is, 
reopened;
    It is further ordered that the Commission's order in Docket No. 
5698 be, and it hereby is, set aside, as of the effective date of this 
order.

    By the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 96-15489 Filed 6-18-96; 8:45 am]
BILLING CODE 6750-01-M