The following Federal Trade Commission Rules of Practice were amended on September 26, 1996. 61 Federal Register 50430-31, 50640-51 (1996). This version of the amended rules was prepared by the agency's Office of General Counsel. Please note that this version is being provided for your convenience and that it does not constitute the official text of the agency's rules.
§ 3.11A Fast Track Proceedings.
(a) Availability of Fast Track Proceedings. In certain administrative proceedings that have been designated by the Commission as appropriate for the fast track schedule, respondents may elect to have the proceeding adjudicated under the expedited schedule set forth in this section. In administrative proceedings involving multiple respondents, the fast track schedule shall be available only if all respondents elect it. The Commission shall designate whether the fast track schedule will be available at the time it authorizes Commission staff to seek a preliminary injunction in federal district court and shall provide notice of the defendant’s option to elect the fast track procedures in the event that the Commission should initiate an administrative adjudication challenging some or all of the same conduct at issue in the federal court injunctive proceeding. Such notice shall be provided to the prospective respondent at the time it is notified of the Commission’s action to authorize the filing of the preliminary injunction motion. In fast track proceedings, the Commission shall be prepared to issue a final order and opinion within thirteen (13) months after the latest of the following events (hereinafter “triggering event”): issuance of the Commission’s administrative complaint; entry of a preliminary injunction by a federal court in a collateral proceeding against respondent brought by the Commission; or the date on which respondent elects the fast track procedure. The date for issuance of the Commission’s final order and opinion in fast track proceedings may be amended by the Commission in the following circumstances: if the Commission’s final order or opinion contains material or information designated for in camera treatment such that the agency is required to provide advance notification of such disclosure to submitters of in camera material or information; or if the Commission determines that adherence to the thirteen-month deadline would result in a miscarriage of justice due to circumstances unforeseen at the time of respondent’s election of the fast track proceeding. Only administrative proceedings challenging conduct that has been preliminarily enjoined by a federal court in a collateral proceeding brought by the Commission shall be subject to the fast track schedule. In the event the preliminary injunction in the collateral federal court proceeding is vacated, the Commission, in its discretion, may take such action as it deems appropriate in the administrative adjudication. Except as modified by this section, the rules contained in Subparts A through I of Part 3 of this chapter shall govern fast track procedures in adjudicative proceedings.
(b) Election of Fast Track Proceedings. Respondents making an election under this section shall make such election by the later of either: three (3) days after service of the administrative complaint challenging the merger or acquisition; or three (3) days after a federal district court grants the Commission’s request for a preliminary injunction. Respondents electing fast track proceedings shall do so by filing a notice of election of such expedited proceedings with the Secretary.
(c) Interim Deadlines in Fast Track Proceedings. The following deadlines shall govern all fast track proceedings covered by this section:
(1) The scheduling conference required by § 3.21(b) shall be held not later than three (3) days after the triggering event.
(2) Respondent’s answer shall be filed within fourteen (14) days after the triggering event.
(3) The ALJ shall file an initial decision within fifty-six (56) days following the conclusion of the evidentiary hearing. The initial decision shall be filed no later than one hundred ninety-five (195) days after the triggering event, pursuant to paragraph (a) of this section.
(4) Any party wishing to appeal an initial decision to the Commission shall file a notice of appeal with the Secretary within three (3) days after service of the initial decision. The notice shall comply with § 3.52(a) in all other respects.
(5) The appeal shall be in the form of a brief, filed within twenty-one (21) days after service of the initial decision, and shall comply with § 3.52(b) in all other respects.
(6) Within fourteen (14) days after service of the appeal brief, the appellee may file an answering brief which shall comply with § 3.52(c). Cross-appeals, as permitted in § 3.52(c), may not be raised in an appellee’s answering brief. All issues raised on appeal must be presented in the party’s appeal brief and must be filed within the deadline specified in paragraphs (c)(4) and (c)(5) of this section.
(7) Within five (5) days after service of the appellee’s answering brief, the appellant may file a reply brief, in accordance with § 3.52
(d) in all other respects. (d) Discovery. Discovery shall be governed by Subpart D of this part. The ALJ may establish limitations on the number of depositions, witnesses, or any document production, pursuant to his plenary authority under § 3.42(c)(6).