Executive Order 12022—National Commission for the Review of Antitrust Laws and Procedures

ESTABLISHING THE NATIONAL COMMISSION FOR THE REVIEW OF

ANTITRUST LAWS AND PROCEDURES

By virtue of the authority vested in me by the Constitution and statutes of the United States of .America, and as President of the United States of America, in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App. 1), it is hereby ordered as follows:

SECTION 1. Establishment. (a) There is hereby established the National Commission for the Review of Antitrust Laws and Procedures, hereafter referred to as the Commission.

(b) The Commission shall consist of fifteen members to be appointed by the President and shall include:

(1) The Assistant Attorney General in charge of the Antitrust Division of the Department of Justice.

(2) The Chairman of the Federal Trade Commission.

(3) The Chairman of one other appropriate independent regulatory agency.

(4) Three members of the Senate recommended by the President of the Senate.

(5) Three members of the House of Representatives recommended by the Speaker of the House of Representatives.

(6) One judge of a United States District Court.

(7) Five persons from the private sector.

(c) The President shall designate a Chairman or Cochairmen from among the members of the Commission.

SEC. 2. Functions of the Commission. (a) The Commission shall, within the framework of existing antitrust laws (as that term is defined in 15 U.S.C. 12), study and make recommendations on the following subjects:

(1) Revision of procedural and substantive rules of law needed to expedite the resolution of complex antitrust cases and development of proposals for making the remedies available in such cases more effective, including:

(i) creation of a roster of district court judges knowledgeable regarding antitrust law and large-case problems to whom such cases may be assigned;

(ii) revision of pleading requirements in order to narrow as quickly and precisely as possible the scope of contested issues of fact and law;

(iii) revision of discovery practices in order to limit expensive and time-consuming inquiry into areas not germane to contested issues;

(iv) the desirability of a grant of judicial authority to restrict and penalize dilatory practices through control of issue formulation and imposition of sanctions for unnecessary delays or failures to cooperate;

(v) amendment of evidentiary practices to expedite introduction of testimony and exhibits at trial;

(vi) simplification of the standards required to establish attempted monopolization in suits brought by the United States under Section 2 of the Sherman Act;

(vii) consideration of structural relief for antitrust violations, and of nonjudicial alternatives for resolution of complex antitrust issues; and

(2) the desirability of retaining the various exemptions and immunities from the antitrust laws, including exemptions for regulated industries and exemptions created by State laws that inhibit competition.

(b) The Commission shall conclude its work not later than six months from the date the last member is appointed and shall submit a final report to the President and the Attorney General within thirty days thereafter. The Commission shall terminate thirty days after submitting its final report.

SEC. 3. Administrative Matters. (a) The Commission may request any Federal agency to furnish it with such information, advice, and services as may be useful for carrying out its functions under this Order.

(b) The Department of Justice shall furnish to the Commission a staff director and any necessary staff, supplies, facilities and other administrative services. Such funds as are necessary for ordinary operations of the Commission, to the extent permitted by law, shall be provided from the appropriations available to the Department of Justice.

(c) The Commission may procure, subject to the availability of funds, the temporary professional services of individuals to assist in its work, in accordance with the provisions of Section 3109 of Title 5 of the United States Code.

(d) Members of the Commission shall receive no compensation from the United States by virtue of their service on the Commission but shall be entitled to receive travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5702 and 5703).

(e) Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. 1), except that of reporting annually to the Congress, which are applicable to the Commission shall be performed by the Attorney General in accordance with guidelines and procedures established by the Office of Management and Budget.

JIMMY CARTER

The White House,

December 1, 1977.

[Filed with the Office of the Federal Register, 4:13 p.m., December 1, 1977]