[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.26]

[Page 56-57]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
Subpart C_Prehearing Procedures; Motions; Interlocutory Appeals; Summary 
                                Decisions
 
Sec. 3.26  Motions following denial of preliminary injunctive relief.

    (a) This section sets forth two procedures by which respondents may 
obtain consideration of whether continuation of an adjudicative 
proceeding is in the public interest after a court has denied 
preliminary injunctive relief in a separate proceeding brought, under 
section 13(b) of the Federal Trade Commission Act, 15 U.S.C. 53(b), in 
aid of the adjudication.
    (b) A motion under this section shall be addressed to the Commission 
and filed with the Secretary of the Commission. Such a motion must be 
filed within fourteen (14) days after:
    (1) A district court has denied preliminary injunctive relief, all 
opportunity has passed for the Commission to seek reconsideration of the 
denial or to appeal it, and the Commission has neither sought 
reconsideration of the denial nor appealed it; or
    (2) A court of appeals has denied preliminary injunctive relief.
    (c) Withdrawal from adjudication. If a court has denied preliminary 
injunctive relief to the Commission in a section 13(b) proceeding 
brought in aid of an adjudicative proceeding, respondents may move that 
the adjudicative proceeding be withdrawn from adjudication in order to 
consider whether or not the public interest warrants further litigation. 
Such a motion shall be filed by all of the respondents in the 
adjudicative proceeding. The Secretary shall issue an order withdrawing 
the matter from adjudication two days after such a motion is filed, 
except

[[Page 57]]

that, if complaint counsel have objected that the conditions of 
paragraph (b) of this section have not been met, the Commission shall 
determine whether to withdraw the matter from adjudication.
    (d) Consideration on the record. (1) In lieu of a motion to withdraw 
a matter from adjudication under paragraph (c) of this section, any 
respondent or respondents may file a motion under this paragraph to 
dismiss the administrative complaint on the basis that the public 
interest does not warrant further litigation after a court has denied 
preliminary injunctive relief to the Commission. Motions filed under 
this paragraph shall incorporate or be accompanied by a supporting brief 
or memorandum.
    (2) Stay. A motion under this paragraph will stay all proceedings 
before the Administrative Law Judge until such time as the Commission 
directs otherwise.
    (3) Answer. Within fourteen (14) days after service of a motion 
filed under this paragraph, complaint counsel may file an answer.
    (4) Form. Motions (including any supporting briefs and memoranda) 
and answers under this paragraph shall not exceed 30 pages if printed, 
or 45 pages if typewritten, and shall comply with the requirements of 
Sec. 3.52(e).
    (5) In camera materials. If any filing includes materials that are 
subject to confidentiality protections pursuant to an order entered in 
either the proceeding under section 13(b) or in the proceeding under 
this part, such materials shall be treated as In camera materials for 
purposes of this paragraph and the party shall file two versions of the 
document in accordance with the procedures set forth in Sec. 3.45(e). 
The time within which complaint counsel may file an answer under this 
paragraph will begin to run upon service of the in camera version of the 
motion (including any supporting briefs and memoranda).

[60 FR 39641, Aug. 3, 1995]