52 STTA . 75TH CONG., 3o SESS.-CH. -49-MAR. 21 , 1938 [CHAPTER 49] AN ACT To amend the Act creating the Federal Trade Commission, to define its powers and duties, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914, as amended (U. S . C., 1934 ed., title 15, sec. 41), is hereby amended by inserting before the period at the end of the third sentence thereof a colon and the following: "Provided, how- ever, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified." SEC. 2. Section 4 of such Act, as amended (U. S . C., 1934 ed., title 15, sec. 44), is hereby amended to read as follows: "SEC. 4. The words defined in this section shall have the following meaning when found in this Act, to wit: " 'Commerce' means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation. "'Corporation' shall be deemed to include any company, trust, so-called Massachusetts trust, or association, incorporated or unin- corporated, which is organized to carry on business for its own profit or that of its members, and has shares of capital or capital stock or certificates of interest, and any company, trust, so-called Massachu- setts trust, or association, incorporated or unincorporated, without shares of capital or capital stock or certificates of interest, except partnerships, which is organized to carry on business for its own profit or that of its members. ' 'Documentary evidence' includes all documents, papers, corre- spondence, books of account, and financial and corporate records. " 'Acts to regulate commerce' means the Act entitled 'An Act to regulate commerce', approved February 14,1 1887, and all Acts amend- atory thereof and supplementary thereto and the Communications Act of 1934 and all Acts amendatory thereof and supplementary thereto. "'Antitrust Acts' means the Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890; also sections 73 to 77, inclusive, of an Act entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes', approved August 27, 1894; also the Act entitled 'An Act to amend sections 73 and 76 of the Act of August 27, 1894, entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes"', approved February 12, 1913; and also the Act entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914." SEc. 3. Section 5 of such Act, as amended (U. S. C., 1934 ed., title 15, sec. 45), is hereby amended to read as follows: "SEC. 5 . (a) Unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce, are hereby declared unlawful. "The Commission is hereby empowered and directed to prevent per- sons, partnerships, or corporations, except banks, common carriers subject to the Acts to regulate commerce, and persons, partnerships, 'So in original. 111 March 21, 1938 IS. 1077] [Public, No. 447] Federal Trade Com- mission Act, amend- ments. 38 Stat. 717. 15U.S.C.§41. Commissioners, term of office. Proviso. Continuance until successor qualifies. 38 Stat. 719. 15U. . .§44. Definitions. "Commerce." "Corporation." "Documentary evi- denco. " "Acts to regulate commerce." 24 Stat. 379. 49U.S.0., ch.1; Supp. III, ch. 1. 48 Stat. 1064. 47U.S.0., ch.6; Supp. III, ch. 6. "Antitrust Acts." 26 Stat. 209. 15U.S.0.§ 1-7. 28 Stat. 570. 15U.S.0.§ 8,11. 37 Stat. 667. 15U.S.C.§ 8,11. 38 Stat. 730. 15U.S.C.541227; Supp. III, ch. 1 . Unfair methods of competition. 38 Stat. 719. 15U.S.C. 45. Unfair or deceptive acts, etc., added. Prevention by Com- mission; exception. Post, p. 1028 .
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