(concurring).
I join in Chief Judge LUMBARD’S disposition of the many issues in this ease. But I see little basis and less occasion for the statement that the availability of methods for securing an early determination of the validity of a direction under § 6(b) of the Federal Trade Commission Act, pursuant to statutes passed long afterwards, necessarily renders exaction of the statutory penalties “fair” in any case where the respondent has not chosen to use them. If he prefers to await suit and then succeeds in demonstrating such extensive invalidity that there is no longer an intelligible requirement for an “annual or special report,” he is entitled to prevail. Per contra his utilization of the Declaratory Judgment Act or the Administrative Procedure Act will not avail him if he proves wrong, save, of course, for such periods as the direction has been stayed.