Service Corporation International and Alderwoods Group, Inc.; Analysis of Agreement Containing Consent Orders To Aid Public Comment, 70769-70775 [E6-20591]

Download as PDF Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices (Qualifying Individual), Beatrice Onyilokwu, Secretary. Destiny Global Export Corp., 12 Kingsberry Drive, Somerset, NJ 08873, Officer: James Onueha, Director, (Qualifying Individual). Fried-Sped Logistics LLC, 4100 Chestnut Avenue, Newport News, VA 23607, Officers: Mary Allen Keith, Traffic Manager, (Qualifying Individual), Wayne Gourley, Office Manager. Dated: December 1, 2006. Karen V. Gregory, Assistant Secretary. [FR Doc. E6–20662 Filed 12–5–06; 8:45 am] BILLING CODE 6730–01–P FEDERAL RESERVE SYSTEM PWALKER on PRODPC60 with NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 2, 2007. A. Federal Reserve Bank of Atlanta (Andre Anderson, Vice President) 1000 VerDate Aug<31>2005 16:03 Dec 05, 2006 Jkt 211001 Peachtree Street, N.E., Atlanta, Georgia 30309: 1. Piedmont Community Bank Group, Inc., Gray, Georgia; to become a bank holding company by acquiring 100 percent of the voting shares of Piedmont Community Bank, Gray, Georgia. B. Federal Reserve Bank of Chicago (Patrick M. Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: 1. P/R Bancorp; to become a bank holding company by acquiring 100 percent of the voting shares of Greensfork Township State Bank, both of Spartanburg, Indiana. C. Federal Reserve Bank of Minneapolis (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: 1. Montana Business Capital Corporation (to be known as Bancorp of Montana Holding Company); to become a bank holding company by acquiring 100 percent of Bank of Montana, both of Missoula, Montana, a de novo bank. In connection with this application, Applicant also has applied to engage de novo in commercial and residential loan origination activities, pursuant to section 225.28(b)(1) of Regulation Y. 2. Platinum Bancorp, Inc.; to become a bank holding company by acquiring 100 percent of the voting shares of Platinum Bank, both of Oakdale, Minnesota. D. Federal Reserve Bank of Kansas City (Donna J. Ward, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: 1. Oakland Financial Services, Inc., Oakland, Iowa; to merge with Otoe County Bancorporation, Inc., and thereby indirectly acquire Otoe County Bank and Trust Company, both of Nebraska City, Nebraska. Board of Governors of the Federal Reserve System, December 1, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6–20664 Filed 12–05–06; 8:45 am] BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM Sunshine Act Meeting Board of Governors of the Federal Reserve System. TIME AND DATE: 12:00 p.m., Monday, December 11, 2006. PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, N.W., Washington, D.C. 20551. STATUS: Closed. AGENCY HOLDING THE MEETING: PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 70769 MATTERS TO BE CONSIDERED: 1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees. 2. Any items carried forward from a previously announced meeting. FOR FURTHER INFORMATION CONTACT: Michelle Smith, Director, or Dave Skidmore, Assistant to the Board, Office of Board Members at 202–452–2955. SUPPLEMENTARY INFORMATION: You may call 202–452–3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board’s Web site at http:// www.federalreserve.gov for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting. Board of Governors of the Federal Reserve System, December 1, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 06–9565 Filed 12–1–06; 4:38 pm] BILLING CODE 6210–01–S FEDERAL TRADE COMMISSION [File No. 061 0156] Service Corporation International and Alderwoods Group, Inc.; Analysis of Agreement Containing Consent Orders To Aid Public Comment Federal Trade Commission. Proposed Consent Agreement. AGENCY: ACTION: SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. Comments must be received on or before December 26, 2006. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘SCI Alderwoods Group, File No. 061 0156,’’ to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade DATES: E:\FR\FM\06DEN1.SGM 06DEN1 70770 Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices Commission/Office of the Secretary, Room 135–H, 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005).1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form as part of or as an attachment to e-mail messages directed to the following email box: consentagreement@ftc.gov. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC Web site, to the extent practicable, at http://www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy, at http://www.ftc.gov/ ftc/privacy.htm. FOR FURTHER INFORMATION CONTACT: Joseph Brownman (202–326–2605), Bureau of Competition, or Craig Tregillus (202–326–2970), Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent PWALKER on PRODPC60 with NOTICES 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). VerDate Aug<31>2005 16:03 Dec 05, 2006 Jkt 211001 agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for November 22, 2006), on the World Wide Web, at http:// www.ftc.gov/os/2006/11/index.htm. A paper copy can be obtained from the FTC Public Reference Room, Room 130– H, 600 Pennsylvania Avenue, NW., Washington, DC 20580, either in person or by calling (202) 326–2222. Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section. Analysis of Agreement Containing Consent Order To Aid Public Comment I. Introduction The Federal Trade Commission (‘‘Commission’’) has accepted for public comment, subject to final approval, an Agreement Containing Consent Orders (‘‘Consent Agreement’’) from Service Corporation International (‘‘SCI’’) and Alderwoods Group, Inc. (‘‘Alderwoods’’), formerly known as The Loewen Group, Inc. (‘‘Loewen’’).2 The purpose of the Consent Agreement is to remedy the anticompetitive effects that would be likely to result from SCI’s purchase of Alderwoods, as alleged in the Complaint the Commission issued with the Consent Agreement. The Consent Agreement has been placed on the public record for thirty (30) days for the receipt of comments from the public. Comments received during this period will become part of the public record. After the thirty (30) day comment period, the Commission will consider the Consent Agreement and the comments received, and will decide whether to withdraw from the Consent Agreement or make it final. The Consent Agreement provides for relief in 47 local markets in which the Commission in its Complaint alleged the proposed acquisition is anticompetitive. Under the terms of the Consent Agreement, SCI must divest 40 funeral home facilities in 29 local markets and 15 cemetery properties in 12 local markets across the United States. In each of six additional funeral service markets, the Consent Agreement gives SCI the option of either divesting the Alderwoods funeral home(s) it will be acquiring or terminating its licensing agreement with the third-party funeral 2 In mid 1999, Loewen, a Canadian corporation, filed for Chapter 11 bankruptcy protection. It emerged in early 2001 as a Delaware corporation under the Alderwoods name. PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 homes that are providing funeral services in the markets under SCI’s Dignity Memorial trademark. In these Dignity Affiliate markets, until the divestitures required by the Consent Agreement, SCI must cease and desist from suggesting prices to those thirdparty Dignity Affiliates. The Commission, SCI, and Alderwoods have also agreed to an Order to Hold Separate and Maintain Assets. This order requires SCI and Alderwoods to hold separate and maintain all of the Alderwoods assets in the markets where divestitures are required, pending the required divestitures. To ensure that the Alderwoods assets are properly held separate and maintained, the Commission has appointed William E. Rowe to act as monitor trustee. The eventual acquirers of the assets required to be divested and the manner of their divestiture must receive the prior approval of the Commission. The order also requires SCI to provide the Commission with regular compliance reports demonstrating how it is complying with the terms of the Consent Agreement, until it is in full compliance with that Agreement. On April 2, 2006, SCI and Alderwoods agreed to SCI’s proposed acquisition of Alderwoods for $1.23 billion (a figure that includes the assumption of debt by SCI). The Commission’s Complaint alleges that the proposed acquisition, if consummated, would violate Section 7 of the Clayton Act, as amended, 15 U.S.C. 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45, by lessening competition in connection with the provision of funeral services (and associated products) or cemetery services (and associated products and property) in many of the local markets in which SCI and Alderwoods compete.3 The purpose of this analysis is to invite public comment on the Consent Agreement, including the proposed required divestitures, to aid the Commission in its determination whether to make final the Consent Agreement. This analysis is not an official interpretation of the Consent Agreement nor does it modify any of its terms. 3 The Complaint identifies the market share of the parties, concentration levels in each market, and whether the principal anticompetitive concern is the increased likelihood of coordinated interaction among remaining competitors in the market or the exercise by SCI of unilateral market power, or both. The Complaint also alleges that new entry is not likely, or is likely to be insufficient in magnitude to constrain anticompetitive behavior in each of the markets of concern. E:\FR\FM\06DEN1.SGM 06DEN1 Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices II. The Parties and the Transaction SCI is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Texas, with its office and principal place of business located at 1929 Allen Parkway, Houston, Texas 77019. SCI had sales in 2005 of $1.7 billion. SCI is the nation’s largest chain of funeral homes and cemeteries, with about 10% of all related United States revenues. Alderwoods is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Delaware, with its office and principal place of business located at 311 Elm Street, Suite 1000, Cincinnati, Ohio 45202. Alderwoods had sales in 2005 of approximately $740 million. Alderwoods is the nation’s second largest funeral home and cemetery chain, with about 5% of all related United States revenues. The proposed acquisition is the largest deal of its kind to date in the funeral home and cemetery industry. After the acquisition, SCI will have about 15% of all United States funeral and cemetery service revenues. The Complaint alleges that the proposed acquisition would be anticompetitive in 35 highly concentrated local funeral service markets and 12 highly concentrated cemetery service markets, but not in the nation as a whole. For this reason, the contemplated relief is limited to local markets. III. The Commission’s Complaint A. The Direct Overlap Markets PWALKER on PRODPC60 with NOTICES According to the Commission’s Complaint, SCI and Alderwoods compete in the sale of funeral services 4 and cemetery services 5 in over 100 local markets throughout the United States. In highly concentrated local funeral service or cemetery service markets 6 4 Funeral services include some or all of the following: family consultation, collection of the deceased and transportation from the place of death to the funeral home, registration of death, embalming and other preparations, sale of a casket, flowers, catering, and other merchandise, use of funeral home facilities by hosting a viewing and ceremony, transportation to a place of worship, conveying the deceased to the cemetery or crematorium, and advance planning. 5 Cemetery services include the traditional products and services offered by perpetual care cemeteries, including burial spaces, opening and closing of graves, memorials and burial vaults, mausoleum spaces, cemetery maintenance and upkeep, and advance planning. 6 In calculating market share, the Commission relied on the number of ‘‘calls’’ (funerals or internments) of each competitor (rather than dollar revenues) because this information was available for all firms in the markets under investigation. For purposes of determining market share as well as calculating market concentration based on the Herfindahl-Hirschman Index (‘‘HHI’’), the VerDate Aug<31>2005 16:03 Dec 05, 2006 Jkt 211001 where SCI and Alderwoods compete, the acquisition will eliminate significant competition between SCI and Alderwoods and, in many of them, substantially increase the likelihood that SCI would be able unilaterally to exercise market power. In many other highly concentrated local funeral service or cemetery service markets where SCI and Alderwoods compete, the acquisition will increase substantially the likelihood that remaining firms in the market will be able to exercise market power through coordinated group behavior.7 In some markets, the Commission was concerned with both future coordinated interaction and the future exercise of unilateral market power. 1. The Two Ways To Exercise Unilateral Market Power The Complaint alleges that the acquisition increases the likelihood of SCI unilaterally exercising market power in 19 funeral service markets and nine cemetery service markets. In these markets, SCI is more likely to be able to increase its prices or decrease its services notwithstanding actions taken by other firms already in the market or who may be considering entry. This market power may be exercised in one of two ways. First, in about half of the markets, SCI’s post-acquisition market share will approach 100%, and SCI will be in a position to exercise unilateral market power because it will face no real competition. This market power may be exercised by increasing prices or decreasing services. Second, in other markets, SCI will have a significant, but not a monopoly or near monopoly, postacquisition market share and will also own or control facilities that are the first and second choices for a substantial number of consumers. In these markets, SCI and Alderwoods are now the first and second choices for a substantial number of consumers for several reasons, including: (i) They are the leading providers for certain religious or ethnic groups, including the Jewish or Chinese-American communities; (ii) the proximity of the SCI and Alderwoods Commission included all market participants that competed with the funeral homes or cemeteries in the market. In addition, the Commission examined the transaction’s competitive effects in each market of concern. As part of this assessment, the Commission excluded fringe competitors (participants that did not act as a competitive constraint in the market), e.g., small firms with less than three percent of the market or facilities that primarily offered direct disposals or direct cremations without attendant services. 7 Market power is the ability of a firm, or group of firms, profitably to reduce output and raise prices above competitive levels or otherwise achieve anticompetitive effects such as by decreasing the quality or level of services. PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 70771 facilities makes them the first and second choices for many consumers; or (iii) they are the first and second choice providers of high-end funeral services, which are generally not available at the facilities of nearby competitors. In these markets, SCI’s ability to exercise unilateral market power postacquisition will increase because it will be able to obtain the profit from the combined benefits of (a) the increase in price (or decrease in services) at the facilities of first choice for consumers and (b) the increase in business moving from the facilities of first choice for consumers to their second choices. The Commission alleges that the proposed acquisition would substantially increase concentration, and give SCI a monopoly or near monopoly market share, in 10 funeral service markets (Cartersville, Georgia; Hanford, California; Meridian, Mississippi; Newton, Mississippi; Alhambra, California; Broward County, Florida; Miami-Dade County, Florida; Yuma, Arizona; Yakima, Washington; and Gonzales, Louisiana) and five cemetery service markets (Bradenton/ Palmetto, Florida; Broward County, Florida; Fort Myers, Florida; Abilene, Texas; and Baton Rouge, Louisiana). The Commission also alleges that unilateral effects are likely in nine additional funeral service markets (Odessa, Texas; Northern Rockland County, New York; Greensboro, North Carolina; Charlotte, North Carolina; Merced, California; Memphis, Tennessee; Abilene, Texas; Southern Ventura County, California; and Port Orange, Florida) and four additional cemetery service markets (Conroe, Texas; Miami-Dade County, Florida; Ventura County, California; and Macon, Georgia) where, post-merger, SCI will own or operate facilities that are the first and second choices for a substantial number of consumers, and will be in a position profitably to raise prices at one of these facilities. 2. The Exercise of Market Power Through Coordinated Interaction The Complaint alleges that the acquisition increases the likelihood of SCI exercising market power through coordinated interaction in 15 highly concentrated funeral service markets (Seguin, Texas; Odessa, Texas; Tulare, California; Northern Rockland County, New York; Manassas, Virginia; Baton Rouge, Louisiana; Greensboro, North Carolina; Lansing, Michigan; Abilene, Texas; Killeen, Texas; Merced, California; Lynchburg, Virginia; Lexington/West Columbia, South Carolina; Brownsville, Texas; and Fort Myers, Florida) and four highly concentrated cemetery service markets E:\FR\FM\06DEN1.SGM 06DEN1 70772 Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices (Columbia/Lexington, South Carolina; Nashville, Tennessee; Memphis, Tennessee; and Miami-Dade County, Florida). These increased opportunities for successful coordinated interaction will be due to: (a) An increased ease of agreement upon terms of coordination, (b) the availability of opportunities to monitor compliance with those terms of agreement, and (c) the ability of the firms in the market to control or punish firms that deviate from their terms of agreement. B. The Dignity Affiliate Markets The Complaint alleges that in six funeral service markets in which Alderwoods is present, but in which SCI does not own or operate a facility, SCI nevertheless has a competitive presence through a licensing arrangement with third-party funeral service providers, which it refers to as Dignity Affiliates. SCI has authorized third parties to sell SCI trademarked Dignity Memorial funeral services. The Dignity Affiliates were competitors of Alderwoods, but not SCI, prior to the proposed acquisition. After SCI acquires Alderwoods, competition between the Alderwoods facility (which would be owned by SCI post-acquisition) and the Dignity Affiliate is likely to be reduced because it is likely that these firms will cooperate on pricing. Such cooperation on pricing would increase the likelihood that firms in these six markets 8 would exercise market power through coordinated interaction.9 C. ‘‘Customs-Conscious’’ Consumers Sometimes Create Narrow Antitrust Product Markets The Complaint alleges that in some local markets, some funeral homes or cemeteries cater to specific populations by focusing upon the customs and rituals associated with one or more religious, ethnic, or cultural heritage groups. In some of the local markets addressed in the proposed Consent Agreement, this market segmentation exists in connection with Jewish, Chinese-American, or African-American populations. Because of the preferences of ‘‘customs-conscious’’ consumers, in some local markets, the alleged product market is limited to facilities that provide the customs and rituals for a specific population. In some other local markets, the alleged product market is limited to facilities that serve the general population but do not provide the customs and rituals that ‘‘customsconscious’’ consumers require. The determination whether a product market was narrower than all facilities that provided funeral or cemetery services was made on a market-by-market basis. However, if other facilities in that market served both the ‘‘customsconscious’’ population as well as abroader population, facilities that performed the customs and rituals associated exclusively with respect to a specific population were included in the overall market definition. D. Entry Conditions The Complaint alleges that entry would not be timely, likely or sufficient to prevent anticompetitive effects in the specific markets at issue. With regard to these cemetery service markets, entry would be difficult because of the limited availability of land, zoning regulations and other statutory restrictions, and high sunk costs, as well as the lead time necessary to develop a customer base. As concerns entry into the funeral service markets at issue, new entry, if it occurs, is unlikely to prove sufficient to prevent a significant price increase for ‘‘traditional’’ funeral home services of the type offered by most of the parties’ homes. If a new traditional funeral home were to enter, it is unlikely that it would make sufficient sales within two years to constrain anticompetitive behavior. Moreover, if ‘‘no frills’’ funeral homes were to enter, it is unlikely that the services that they would offer would be sufficiently close substitutes for traditional funeral home services to prevent a price increase for the latter. IV. The Consent Agreement The Commission believes that the Consent Agreement, if made final, would fully restore competition and maintain the competitive status quo ante in the local markets that would have been adversely impacted by the proposed acquisition. A. The Direct Overlap Markets In 29 local funeral service markets and 12 local cemetery service markets, the Consent Agreement provides for divestitures of specific properties. The following Table A lists each of the local markets in which the Complaint alleges that the proposed acquisition would be competitively problematic, separately for funeral services and cemetery services. Table A also lists the specific SCI or Alderwoods funeral home facilities that SCI will be required to divest under the Consent Agreement. Table A 1. Funeral Service Markets and the Required Divestitures Market area Properties required to be divested 1. Abilene, Texas ..................................................................... Elmwood Funeral Home, 5750 U.S. Highway 277 South, Abilene, Texas (an SCI property). Universal Chung Wah Funeral Directors, 225 North Garfield Avenue, Alhambra, California (an SCI property). Resthaven Gardens of Memory Funeral Home, 11817 Jefferson Highway, Baton Rouge, Louisiana (an Alderwoods property). 1. Trevino Funeral Home, 1355 Old Port Isabel Road, Brownsville, Texas (an Alderwoods property); and 2. Darling-Mouser Funeral Home, 945 Palm Boulevard, Brownsville, Texas (an Alderwoods property). 1. Levitt-Weinstein Memorial Chapel, 3201 N.W. 72nd Avenue, Hollywood, Florida (an Alderwoods property); 2. Levitt-Weinstein Memorial Chapel, 8135 West McNab Road, Tamarac, Florida (an Alderwoods property); 3. Levitt-Weinstein Memorial Chapel, 1921 Pembroke Road, Hollywood, Florida (an Alderwoods property); and 4. Levitt-Weinstein Memorial Chapel, 7500 North State Road 7, Coconut Creek, Florida (an Alderwoods property). Parnick Jennings Funeral Home & Cremation Services, 430 Cassville Road, Cartersville, Georgia (an SCI property). 2. Alhambra, California ............................................................. 3. Baton Rouge, Louisiana ....................................................... 4. Brownsville, Texas ............................................................... PWALKER on PRODPC60 with NOTICES 5. Broward County, Florida ...................................................... 6. Cartersville, Georgia ............................................................ 8 The six markets are identified in Table B, infra. VerDate Aug<31>2005 16:03 Dec 05, 2006 Jkt 211001 9 The Complaint and Consent Agreement do not address SCI’s licensing arrangements with third- PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 party Dignity Affiliates except in the six highly concentrated markets. E:\FR\FM\06DEN1.SGM 06DEN1 Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices 70773 Market area Properties required to be divested 7. Charlotte, North Carolina ..................................................... Hankins & Whittington—Dilworth Chapel, 1111 East Boulevard, Charlotte, North Carolina (an Alderwoods property).10 Fort Myers Memorial Gardens Funeral Home, 1589 Colonial Boulevard, Fort Myers, Florida (an SCI property). Welsh Funeral Home, 426 West New River Street, Gonzales, Louisiana (an SCI property).11 Lambeth Troxler Funeral Home, 300 West Wendover Avenue, Greensboro, North Carolina (an SCI property). Whitehurst-McNamara Funeral Service, 100 West Bush Street, Hanford, California (an Alderwoods property). Harper-Talasek Funeral Home, 506 North 38th Street, Killeen, Texas (an Alderwoods property). 1. Estes-Leadley Greater Lansing Chapel, 325 West Washtenaw Street, Lansing, Michigan (an SCI property); and 2. Estes-Leadley Holt/Delhi Chapel, 2121 Cedar Street, Holt, Michigan (an SCI property). 1. Caughman-Harman Funeral Home, 820 West Dunbar Road, West Columbia, South Carolina (an Alderwoods property); and 2. Caughman-Harman Funeral Home, 5400 Bush River Road, Columbia, South Carolina (an Alderwoods property).12 1. Diuguid Waterlick Chapel, 21914 Timberlake Road, Lynchburg, Virginia (an Alderwoods property); and 2. Diuguid Funeral Service, 811 Wiggington Road, Lynchburg, Virginia (an Alderwoods property). Lee Funeral Home, 8521 Sudley Road, Manassas, Virginia (an Alderwoods property). Memorial Park Funeral Home, 5668 Poplar Avenue, Memphis, Tennessee (an Alderwoods property). 1. Ivers & Alcorn Funeral Home, 901 West Main Street, Merced, California (an SCI property); and 2. Ivers & Alcorn Funeral Home, 3050 Winton Way, Atwater, California (an SCI property). James F. Webb Funeral Home, 2514 7th Street, Meridian, Mississippi (an SCI property). 1. Eternal Light Funeral Directors Inc., 17250 West Dixie Highway, North Miami Beach, Florida (an Alderwoods property); 2. Blasberg-Rubin-Zilbert Funeral Chapel, 720 71st Street, Miami Beach, Florida (an Alderwoods property); and 3. Levitt-Weinstein Memorial Chapels, 18840 West Dixie Highway, North Miami Beach, Florida (an Alderwoods property).13 James F. Webb Funeral Home, 100 Old Highway 15 Loop, Newton, Mississippi (an SCI property). Sunset Memorial Funeral Home, 6801 East Highway 80, Odessa, Texas (an SCI property). Cardwell & Maloney Funeral Home, 3571 South Ridgewood Avenue, Port Orange, Florida (an Alderwoods property). 1. T.J. McGowan Sons Funeral Home, 71 North Central Highway, Garnerville, New York (an Alderwoods property); and 2. T.J. McGowan Sons Funeral Home, 133 Broadway, Haverstraw, New York (an Alderwoods property).14 Palmer Mortuary Inc., 1116 North Austin Street, Seguin, Texas (an Alderwoods property). Miller’s Tulare Funeral Home, 151 North H Street, Tulare, California (an Alderwoods property). Conejo Mountain Funeral Home & Memorial Park, 2052 Howard Road, Camarillo, California (an Alderwoods property). Shaw & Sons Funeral Directors, Inc., 201 North 2nd Street, Yakima, Washington (an Alderwoods property). Yuma Mortuary & Crematory, 551 West 16th Street, Yuma, Arizona (an Alderwoods property). 8. Fort Myers, Florida ............................................................... 9. Gonzales, Louisiana ............................................................. 10. Greensboro, North Carolina ............................................... 11. Hanford, California ............................................................. 12. Killeen, Texas ..................................................................... 13. Lansing, Michigan .............................................................. 14. Lexington/West Columbia, South Carolina ........................ 15. Lynchburg, Virginia ............................................................ 16. Manassas, Virginia ............................................................. 17. Memphis, Tennessee ......................................................... 18. Merced, California .............................................................. 19. Meridian, Mississippi .......................................................... 20. Miami-Dade County, Florida .............................................. 21. Newton, Mississippi ............................................................ 22. Odessa, Texas ................................................................... 23. Port Orange, Florida .......................................................... 24. Northern Rockland County, New York ............................... 25. Seguin, Texas .................................................................... 26. Tulare, California ................................................................ 27. Southern Ventura County, California ................................. 28. Yakima, Washington .......................................................... PWALKER on PRODPC60 with NOTICES 29. Yuma, Arizona .................................................................... 10 SCI will retain funeral home assets with the ‘‘Hankins & Whittington’’ name in this market, but, under the terms of the Decision and Order, is permitted to use this name only for a period limited to twelve months. 11 SCI will retain funeral homes with the ‘‘Welsh’’ name in this geographic market, and thus the proposed Decision and Order includes a provision that limits the acquirer’s use of this name for the divested business to a period of twelve months. 12 SCI will retain funeral homes with the ‘‘Caughman-Harman’’ name in this geographic market, and thus the proposed Decision and Order includes a provision that limits the acquirer’s use of this name to a period of twelve months. 13 SCI will retain funeral homes assets with the ‘‘Levitt-Weinstein Memorial Chapel’’ name in this market, but, under the terms of the Decision and Order, is permitted to use this name only for a period limited to twelve months. 14 SCI will retain funeral homes assets with the ‘‘T.J. McGowan’’ name in this market, but, under the terms of the Decision and Order, is permitted to the ongoing use of this name only for a period limited to twelve months. VerDate Aug<31>2005 16:03 Dec 05, 2006 Jkt 211001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1 70774 Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices 2. Cemetery Service Markets and the Required Divestitures Market area Properties required to be divested 1. Abilene, Texas .................................................................. Elmwood Memorial Park, 5750 U.S. Highway 277 South, Abilene, Texas (an SCI property). Resthaven Gardens of Memory, 11817 Jefferson Highway, Baton Rouge, Louisiana (an Alderwoods property). Skyway Memorial Gardens, 5200 U.S. Highway 19, Palmetto, Florida (an Alderwoods property). Beth David Memorial Gardens & Chapel, 3201 N.W. 72nd Avenue, Hollywood, Florida (an Alderwoods property). 1. Bush River Memorial Gardens, 5400 Bush River Road, Columbia, South Carolina (an Alderwoods property); 2. Elmwood Cemetery, 501 Elmwood Avenue, Columbia, South Carolina (an Alderwoods property); and 3. Southland Memorial Gardens, 700 West Dunbar Road, West Columbia, South Carolina (an Alderwoods property). Conroe Memorial Park, 1600 Porter Road, Conroe, Texas (an Alderwoods property). Fort Myers Memorial Gardens, 1589 Colonial Boulevard, Fort Myers, Florida (an SCI property). Glen Haven Memorial Gardens, 7070 Houston Road, Macon, Georgia (an SCI property). Memorial Park Inc., 5668 Poplar Avenue, Memphis, Tennessee (an Alderwoods property). 1. Graceland Memorial Park North, 4420 S.W. 8th Street, Miami, Florida (an Alderwoods property); and 2. Graceland South Memorial Park, 13900 S.W. 117th Avenue, Miami, Florida (an Alderwoods property). Spring Hill Cemetery, 5110 Gallatin Pike, Nashville, Tennessee (an Alderwoods property). Conejo Mountain Funeral Home & Memorial Park, 2052 Howard Road, Camarillo, California (an Alderwoods property). 2. Baton Rouge, Louisiana ................................................... 3. Bradenton/Palmetto, Florida ............................................. 4. Broward County, Florida ................................................... 5. Columbia/Lexington, South Carolina ................................ 6. Conroe, Texas .................................................................. 7. Fort Myers, Florida ........................................................... 8. Macon, Georgia ................................................................ 9. Memphis, Tennessee ....................................................... 10. Miami-Dade County, Florida ........................................... 11. Nashville, Tennessee ..................................................... 12. Ventura County, California ............................................. B. The Dignity Affiliate Markets In six funeral service markets, the Consent Agreement requires that SCI, at its option, either divest the Alderwoods property being acquired or terminate the SCI licensing relationship with the third-party Dignity Affiliate. The Consent Agreement also requires that until SCI has complied with this requirement in the markets, SCI shall not enter into or enforce any agreement or exchange information with the Dignity Affiliate regarding actual, suggested, or future prices of funeral services. Table B lists each of the highly concentrated Dignity Affiliate funeral service markets in which the proposed 1. Anchorage, Alaska ........................................................... 2. Hobbs, New Mexico ......................................................... 3. Klamath Falls, Oregon ...................................................... PWALKER on PRODPC60 with NOTICES 4. Mansfield, Ohio ................................................................. 5. Pascagoula, Mississippi ................................................... VerDate Aug<31>2005 16:03 Dec 05, 2006 Jkt 211001 PO 00000 acquisition would create a competitive problem, together with the remedy. Table B Funeral Service Markets Where Divestiture or Contract Termination is Required Relief: (a) Properties That May Be Divested Local Market or (b) Dignity Affiliate Contracts That May Be Terminated (a) Alderwoods properties that may be divested: Evergreen Memorial Chapel, 737 East Street, Anchorage, Alaska; Alaska Cremation Center, 3804 Spenard Road, Anchorage, Alaska; and Evergreen’s Eagle River Funeral Home, 11046 Chugiak Drive, Eagle River, Alaska; or (b) Third-party contracts that may be terminated: Kehl’s Forest Lawn Mortuary, 11621 Old Seward Highway, Anchorage, Alaska; and Witzleben Family Funeral Home, 1707 South Bragaw Street, Anchorage, Alaska. (a) Alderwoods property that may be divested: Griffin Funeral Home, 401 North Dalmont, Hobbs, New Mexico; or (b) Third-party contracts that may be terminated: Chapel of Hope, 3321 North Dal Paso Street, Hobbs, New Mexico. (a) Alderwoods property that may be divested: O’Hair & Riggs Funeral Chapel, 515 Pine Street, Klamath Falls, Oregon; or (b) Third-party contracts that may be terminated: Eternal Hills Funeral Home, 4711 Highway 39, Klamath Falls, Oregon. (a) Alderwoods property that may be divested: Finefrock-Williams Funeral Home, 350 Marion Avenue, Mansfield, Ohio; or (b) Third-party contracts that may be terminated: Wappner Funeral Home, 98 South Diamond Street, Mansfield, Ohio; and Wappner Funeral Home, 100 South Lexington Springmill Road, Mansfield, Ohio. (a) Alderwoods properties that may be divested: Holder Wells Funeral Home, 4007 Main Street, Moss Point, Mississippi; or (b) Third-party contracts that may be terminated: O’Bryant-O’Keefe Funeral Home, 4811 Telephone Road, Pascagoula, Mississippi; and O’Bryant-O’Keefe Gautier Funeral Home, 3290 Ladnier Road, Gautier, Mississippi. Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1 Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices 6. Williamsburg, Virginia ....................................................... By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E6–20591 Filed 12–5–06; 8:45 am] BILLING CODE 6750–01–P GENERAL SERVICES ADMINISTRATION [FMR Bulletin 2006–B1] AGENCY: announced by this bulletin will remain in effect until canceled or superseded. FOR FURTHER INFORMATION CONTACT General Services Administration, Public Buildings Service (P), Attn: Anthony E. Costa, 1800 F Street, NW, Washington, DC 20405, e-mail at anthony.costa@gsa.gov. (202) 501–1100. GENERAL SERVICES ADMINISTRATION Public Buildings Service (P), GSA ACTION: (a) Alderwoods property that may be divested: Bucktrout of Williamsburg, 4124 Ironbound Road, Williamsburg, Virginia; or (b) Third-party contracts that may be terminated: Nelsen Funeral Home, 3785 Strawberry Plains Road, Williamsburg, Virginia. Dated: November 21, 2006. Lurita Doan, Administrator of General Services. Federal Management Regulation; Designations and Redesignations of Federal Buildings [FMR Bulletin 2006–B1] Notice of a bulletin. Redesignations of Federal Buildings The attached bulletin announces the designations and redesignations of nine (9) Federal Buildings. EXPIRATION DATE: This bulletin expires May 1, 2007. However, the building designations and redesignations SUMMARY: TO: Heads of Federal Agencies SUBJECT: Designations and Redesignations of Federal Buildings 1. What is the purpose of this bulletin? This bulletin announces the designations and redesignations of nine (9) Federal Buildings. Former name Courthouse Annex, 200 3rd Street, NW, Washington, DC 20001. Federal Building and United States Courthouse, 211 West Ferguson Street, Tyler, TX 75702. Federal Building and United States Courthouse, 2 South Main Street, Akron, OH 44308. United States Courthouse, 300 North Hogan Street, Jacksonville, FL 32202. Federal Building, 320 North Main Street,McAllen, TX 78501. 5. Who should we contact for further information regarding redesignation of these Federal Buildings? General Services Administration, Public Buildings Service (P), Attn: Anthony E, Costa, 1800 F Street, NW, Washington, DC 20405, telephone number: (202) 501–1100, e-mail at anthony.costa@gsa.gov. [FR Doc. E6–20627 Filed 12–5–06; 8:45 am] PWALKER on PRODPC60 with NOTICES VerDate Aug<31>2005 16:03 Dec 05, 2006 Rosa Parks Federal Building, 333 Mt. Elliott Street, Detroit, MI 48207. William B. Bryant Annex, 200 3rd Street, NW, Washington, DC 20001. William M. Steger Federal Building and United States Courthouse, 211 West Ferguson Street, Tyler, TX 75702. John F. Seiberling Federal Building and United States Courthouse, 2 South Main Street, Akron, OH 44308. John Milton Bryan Simpson United States Courthouse, 300 North Hogan Street, Jacksonville, FL 32202. Kika de la Garza Federal Building, 320 North Main Street, McAllen, TX 78501. DEPARTMENT OF HEALTH AND HUMAN SERVICES [Document Identifier: OS–0990–0000; 30Day notice] Office of the Secretary, Agency Information Collection Activities: Proposed Collection; Comment Request Office of the Secretary, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden AGENCY: Jkt 211001 2. When does this bulletin expire? This bulletin expires May 1, 2007. However, the building designations and redesignations announced by this bulletin will remain in effect until canceled or superseded. 3. Designations. The names of the buildings and grounds being designated are as follows: Carroll A. Campbell, Jr. United States Courthouse, to be constructed, building number SC0017ZZ, exact address TBD, Greenville, SC. Justin W. Williams Attorney’s Building, the Attorney’s entrance of the Albert V. Bryan Sr. Courthouse, 2100 Jamieson Avenue, Alexandria, VA 22314. Clyde S. Cahill Memorial Park, on the grounds of the Thomas F. Eagleton United States Courthouse, 111 South 10th Street, St. Louis, MO 63102. 4. Redesignations. The former and new names of the buildings being redesignated are as follows: New name Federal Building, 333 Mt. Elliott Street, Detroit, MI 48207. BILLING CODE 6820–23–S 70775 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency’s functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. Type of Information Collection Request: New. Title of Information Collection: Evaluation of the National Abstinence Media Campaign. Form/OMB No.: OS–0990–New. E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 71, Number 234 (Wednesday, December 6, 2006)]
[Notices]
[Pages 70769-70775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20591]


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FEDERAL TRADE COMMISSION

[File No. 061 0156]


Service Corporation International and Alderwoods Group, Inc.; 
Analysis of Agreement Containing Consent Orders To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreement.

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SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair or deceptive acts or 
practices or unfair methods of competition. The attached Analysis to 
Aid Public Comment describes both the allegations in the draft 
complaint and the terms of the consent order--embodied in the consent 
agreement--that would settle these allegations.

DATES: Comments must be received on or before December 26, 2006.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``SCI Alderwoods Group, File No. 061 0156,'' 
to facilitate the organization of comments. A comment filed in paper 
form should include this reference both in the text and on the 
envelope, and should be mailed or delivered to the following address: 
Federal Trade

[[Page 70770]]

Commission/Office of the Secretary, Room 135-H, 600 Pennsylvania 
Avenue, NW., Washington, DC 20580. Comments containing confidential 
material must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with Commission Rule 4.9(c). 16 CFR 
4.9(c) (2005).\1\ The FTC is requesting that any comment filed in paper 
form be sent by courier or overnight service, if possible, because U.S. 
postal mail in the Washington area and at the Commission is subject to 
delay due to heightened security precautions. Comments that do not 
contain any nonpublic information may instead be filed in electronic 
form as part of or as an attachment to e-mail messages directed to the 
following e-mail box: consentagreement@ftc.gov.
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    \1\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See Commission Rule 4.9(c), 
16 CFR 4.9(c).
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    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site, to the extent 
practicable, at http://www.ftc.gov. As a matter of discretion, the FTC 
makes every effort to remove home contact information for individuals 
from the public comments it receives before placing those comments on 
the FTC Web site. More information, including routine uses permitted by 
the Privacy Act, may be found in the FTC's privacy policy, at http://
www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Joseph Brownman (202-326-2605), Bureau 
of Competition, or Craig Tregillus (202-326-2970), Bureau of Consumer 
Protection, 600 Pennsylvania Avenue, NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  2.34 of 
the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given 
that the above-captioned consent agreement containing a consent order 
to cease and desist, having been filed with and accepted, subject to 
final approval, by the Commission, has been placed on the public record 
for a period of thirty (30) days. The following Analysis to Aid Public 
Comment describes the terms of the consent agreement, and the 
allegations in the complaint. An electronic copy of the full text of 
the consent agreement package can be obtained from the FTC Home Page 
(for November 22, 2006), on the World Wide Web, at http://www.ftc.gov/
os/2006/11/index.htm. A paper copy can be obtained from the FTC Public 
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington, 
DC 20580, either in person or by calling (202) 326-2222.
    Public comments are invited, and may be filed with the Commission 
in either paper or electronic form. All comments should be filed as 
prescribed in the ADDRESSES section above, and must be received on or 
before the date specified in the DATES section.

Analysis of Agreement Containing Consent Order To Aid Public Comment

I. Introduction

    The Federal Trade Commission (``Commission'') has accepted for 
public comment, subject to final approval, an Agreement Containing 
Consent Orders (``Consent Agreement'') from Service Corporation 
International (``SCI'') and Alderwoods Group, Inc. (``Alderwoods''), 
formerly known as The Loewen Group, Inc. (``Loewen'').\2\ The purpose 
of the Consent Agreement is to remedy the anticompetitive effects that 
would be likely to result from SCI's purchase of Alderwoods, as alleged 
in the Complaint the Commission issued with the Consent Agreement. The 
Consent Agreement has been placed on the public record for thirty (30) 
days for the receipt of comments from the public. Comments received 
during this period will become part of the public record. After the 
thirty (30) day comment period, the Commission will consider the 
Consent Agreement and the comments received, and will decide whether to 
withdraw from the Consent Agreement or make it final.
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    \2\ In mid 1999, Loewen, a Canadian corporation, filed for 
Chapter 11 bankruptcy protection. It emerged in early 2001 as a 
Delaware corporation under the Alderwoods name.
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    The Consent Agreement provides for relief in 47 local markets in 
which the Commission in its Complaint alleged the proposed acquisition 
is anticompetitive. Under the terms of the Consent Agreement, SCI must 
divest 40 funeral home facilities in 29 local markets and 15 cemetery 
properties in 12 local markets across the United States. In each of six 
additional funeral service markets, the Consent Agreement gives SCI the 
option of either divesting the Alderwoods funeral home(s) it will be 
acquiring or terminating its licensing agreement with the third-party 
funeral homes that are providing funeral services in the markets under 
SCI's Dignity Memorial trademark. In these Dignity Affiliate markets, 
until the divestitures required by the Consent Agreement, SCI must 
cease and desist from suggesting prices to those third-party Dignity 
Affiliates.
    The Commission, SCI, and Alderwoods have also agreed to an Order to 
Hold Separate and Maintain Assets. This order requires SCI and 
Alderwoods to hold separate and maintain all of the Alderwoods assets 
in the markets where divestitures are required, pending the required 
divestitures. To ensure that the Alderwoods assets are properly held 
separate and maintained, the Commission has appointed William E. Rowe 
to act as monitor trustee. The eventual acquirers of the assets 
required to be divested and the manner of their divestiture must 
receive the prior approval of the Commission. The order also requires 
SCI to provide the Commission with regular compliance reports 
demonstrating how it is complying with the terms of the Consent 
Agreement, until it is in full compliance with that Agreement.
    On April 2, 2006, SCI and Alderwoods agreed to SCI's proposed 
acquisition of Alderwoods for $1.23 billion (a figure that includes the 
assumption of debt by SCI). The Commission's Complaint alleges that the 
proposed acquisition, if consummated, would violate Section 7 of the 
Clayton Act, as amended, 15 U.S.C. 18, and Section 5 of the Federal 
Trade Commission Act, as amended, 15 U.S.C. 45, by lessening 
competition in connection with the provision of funeral services (and 
associated products) or cemetery services (and associated products and 
property) in many of the local markets in which SCI and Alderwoods 
compete.\3\
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    \3\ The Complaint identifies the market share of the parties, 
concentration levels in each market, and whether the principal 
anticompetitive concern is the increased likelihood of coordinated 
interaction among remaining competitors in the market or the 
exercise by SCI of unilateral market power, or both. The Complaint 
also alleges that new entry is not likely, or is likely to be 
insufficient in magnitude to constrain anticompetitive behavior in 
each of the markets of concern.
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    The purpose of this analysis is to invite public comment on the 
Consent Agreement, including the proposed required divestitures, to aid 
the Commission in its determination whether to make final the Consent 
Agreement. This analysis is not an official interpretation of the 
Consent Agreement nor does it modify any of its terms.

[[Page 70771]]

II. The Parties and the Transaction

    SCI is a corporation organized, existing, and doing business under 
and by virtue of the laws of the State of Texas, with its office and 
principal place of business located at 1929 Allen Parkway, Houston, 
Texas 77019. SCI had sales in 2005 of $1.7 billion. SCI is the nation's 
largest chain of funeral homes and cemeteries, with about 10% of all 
related United States revenues.
    Alderwoods is a corporation organized, existing, and doing business 
under and by virtue of the laws of the State of Delaware, with its 
office and principal place of business located at 311 Elm Street, Suite 
1000, Cincinnati, Ohio 45202. Alderwoods had sales in 2005 of 
approximately $740 million. Alderwoods is the nation's second largest 
funeral home and cemetery chain, with about 5% of all related United 
States revenues.
    The proposed acquisition is the largest deal of its kind to date in 
the funeral home and cemetery industry. After the acquisition, SCI will 
have about 15% of all United States funeral and cemetery service 
revenues. The Complaint alleges that the proposed acquisition would be 
anticompetitive in 35 highly concentrated local funeral service markets 
and 12 highly concentrated cemetery service markets, but not in the 
nation as a whole. For this reason, the contemplated relief is limited 
to local markets.

III. The Commission's Complaint

A. The Direct Overlap Markets

    According to the Commission's Complaint, SCI and Alderwoods compete 
in the sale of funeral services \4\ and cemetery services \5\ in over 
100 local markets throughout the United States. In highly concentrated 
local funeral service or cemetery service markets \6\ where SCI and 
Alderwoods compete, the acquisition will eliminate significant 
competition between SCI and Alderwoods and, in many of them, 
substantially increase the likelihood that SCI would be able 
unilaterally to exercise market power. In many other highly 
concentrated local funeral service or cemetery service markets where 
SCI and Alderwoods compete, the acquisition will increase substantially 
the likelihood that remaining firms in the market will be able to 
exercise market power through coordinated group behavior.\7\ In some 
markets, the Commission was concerned with both future coordinated 
interaction and the future exercise of unilateral market power.
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    \4\ Funeral services include some or all of the following: 
family consultation, collection of the deceased and transportation 
from the place of death to the funeral home, registration of death, 
embalming and other preparations, sale of a casket, flowers, 
catering, and other merchandise, use of funeral home facilities by 
hosting a viewing and ceremony, transportation to a place of 
worship, conveying the deceased to the cemetery or crematorium, and 
advance planning.
    \5\ Cemetery services include the traditional products and 
services offered by perpetual care cemeteries, including burial 
spaces, opening and closing of graves, memorials and burial vaults, 
mausoleum spaces, cemetery maintenance and upkeep, and advance 
planning.
    \6\ In calculating market share, the Commission relied on the 
number of ``calls'' (funerals or internments) of each competitor 
(rather than dollar revenues) because this information was available 
for all firms in the markets under investigation. For purposes of 
determining market share as well as calculating market concentration 
based on the Herfindahl-Hirschman Index (``HHI''), the Commission 
included all market participants that competed with the funeral 
homes or cemeteries in the market. In addition, the Commission 
examined the transaction's competitive effects in each market of 
concern. As part of this assessment, the Commission excluded fringe 
competitors (participants that did not act as a competitive 
constraint in the market), e.g., small firms with less than three 
percent of the market or facilities that primarily offered direct 
disposals or direct cremations without attendant services.
    \7\ Market power is the ability of a firm, or group of firms, 
profitably to reduce output and raise prices above competitive 
levels or otherwise achieve anticompetitive effects such as by 
decreasing the quality or level of services.
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1. The Two Ways To Exercise Unilateral Market Power
    The Complaint alleges that the acquisition increases the likelihood 
of SCI unilaterally exercising market power in 19 funeral service 
markets and nine cemetery service markets. In these markets, SCI is 
more likely to be able to increase its prices or decrease its services 
notwithstanding actions taken by other firms already in the market or 
who may be considering entry. This market power may be exercised in one 
of two ways. First, in about half of the markets, SCI's post-
acquisition market share will approach 100%, and SCI will be in a 
position to exercise unilateral market power because it will face no 
real competition. This market power may be exercised by increasing 
prices or decreasing services. Second, in other markets, SCI will have 
a significant, but not a monopoly or near monopoly, post-acquisition 
market share and will also own or control facilities that are the first 
and second choices for a substantial number of consumers. In these 
markets, SCI and Alderwoods are now the first and second choices for a 
substantial number of consumers for several reasons, including: (i) 
They are the leading providers for certain religious or ethnic groups, 
including the Jewish or Chinese-American communities; (ii) the 
proximity of the SCI and Alderwoods facilities makes them the first and 
second choices for many consumers; or (iii) they are the first and 
second choice providers of high-end funeral services, which are 
generally not available at the facilities of nearby competitors. In 
these markets, SCI's ability to exercise unilateral market power post-
acquisition will increase because it will be able to obtain the profit 
from the combined benefits of (a) the increase in price (or decrease in 
services) at the facilities of first choice for consumers and (b) the 
increase in business moving from the facilities of first choice for 
consumers to their second choices. The Commission alleges that the 
proposed acquisition would substantially increase concentration, and 
give SCI a monopoly or near monopoly market share, in 10 funeral 
service markets (Cartersville, Georgia; Hanford, California; Meridian, 
Mississippi; Newton, Mississippi; Alhambra, California; Broward County, 
Florida; Miami-Dade County, Florida; Yuma, Arizona; Yakima, Washington; 
and Gonzales, Louisiana) and five cemetery service markets (Bradenton/
Palmetto, Florida; Broward County, Florida; Fort Myers, Florida; 
Abilene, Texas; and Baton Rouge, Louisiana). The Commission also 
alleges that unilateral effects are likely in nine additional funeral 
service markets (Odessa, Texas; Northern Rockland County, New York; 
Greensboro, North Carolina; Charlotte, North Carolina; Merced, 
California; Memphis, Tennessee; Abilene, Texas; Southern Ventura 
County, California; and Port Orange, Florida) and four additional 
cemetery service markets (Conroe, Texas; Miami-Dade County, Florida; 
Ventura County, California; and Macon, Georgia) where, post-merger, SCI 
will own or operate facilities that are the first and second choices 
for a substantial number of consumers, and will be in a position 
profitably to raise prices at one of these facilities.
2. The Exercise of Market Power Through Coordinated Interaction
    The Complaint alleges that the acquisition increases the likelihood 
of SCI exercising market power through coordinated interaction in 15 
highly concentrated funeral service markets (Seguin, Texas; Odessa, 
Texas; Tulare, California; Northern Rockland County, New York; 
Manassas, Virginia; Baton Rouge, Louisiana; Greensboro, North Carolina; 
Lansing, Michigan; Abilene, Texas; Killeen, Texas; Merced, California; 
Lynchburg, Virginia; Lexington/West Columbia, South Carolina; 
Brownsville, Texas; and Fort Myers, Florida) and four highly 
concentrated cemetery service markets

[[Page 70772]]

(Columbia/Lexington, South Carolina; Nashville, Tennessee; Memphis, 
Tennessee; and Miami-Dade County, Florida). These increased 
opportunities for successful coordinated interaction will be due to: 
(a) An increased ease of agreement upon terms of coordination, (b) the 
availability of opportunities to monitor compliance with those terms of 
agreement, and (c) the ability of the firms in the market to control or 
punish firms that deviate from their terms of agreement.

B. The Dignity Affiliate Markets

    The Complaint alleges that in six funeral service markets in which 
Alderwoods is present, but in which SCI does not own or operate a 
facility, SCI nevertheless has a competitive presence through a 
licensing arrangement with third-party funeral service providers, which 
it refers to as Dignity Affiliates. SCI has authorized third parties to 
sell SCI trademarked Dignity Memorial funeral services. The Dignity 
Affiliates were competitors of Alderwoods, but not SCI, prior to the 
proposed acquisition. After SCI acquires Alderwoods, competition 
between the Alderwoods facility (which would be owned by SCI post-
acquisition) and the Dignity Affiliate is likely to be reduced because 
it is likely that these firms will cooperate on pricing. Such 
cooperation on pricing would increase the likelihood that firms in 
these six markets \8\ would exercise market power through coordinated 
interaction.\9\
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    \8\ The six markets are identified in Table B, infra.
    \9\ The Complaint and Consent Agreement do not address SCI's 
licensing arrangements with third-party Dignity Affiliates except in 
the six highly concentrated markets.
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C. ``Customs-Conscious'' Consumers Sometimes Create Narrow Antitrust 
Product Markets

    The Complaint alleges that in some local markets, some funeral 
homes or cemeteries cater to specific populations by focusing upon the 
customs and rituals associated with one or more religious, ethnic, or 
cultural heritage groups. In some of the local markets addressed in the 
proposed Consent Agreement, this market segmentation exists in 
connection with Jewish, Chinese-American, or African-American 
populations.
    Because of the preferences of ``customs-conscious'' consumers, in 
some local markets, the alleged product market is limited to facilities 
that provide the customs and rituals for a specific population. In some 
other local markets, the alleged product market is limited to 
facilities that serve the general population but do not provide the 
customs and rituals that ``customs-conscious'' consumers require. The 
determination whether a product market was narrower than all facilities 
that provided funeral or cemetery services was made on a market-by-
market basis. However, if other facilities in that market served both 
the ``customs-conscious'' population as well as abroader population, 
facilities that performed the customs and rituals associated 
exclusively with respect to a specific population were included in the 
overall market definition.

D. Entry Conditions

    The Complaint alleges that entry would not be timely, likely or 
sufficient to prevent anticompetitive effects in the specific markets 
at issue. With regard to these cemetery service markets, entry would be 
difficult because of the limited availability of land, zoning 
regulations and other statutory restrictions, and high sunk costs, as 
well as the lead time necessary to develop a customer base. As concerns 
entry into the funeral service markets at issue, new entry, if it 
occurs, is unlikely to prove sufficient to prevent a significant price 
increase for ``traditional'' funeral home services of the type offered 
by most of the parties' homes. If a new traditional funeral home were 
to enter, it is unlikely that it would make sufficient sales within two 
years to constrain anticompetitive behavior. Moreover, if ``no frills'' 
funeral homes were to enter, it is unlikely that the services that they 
would offer would be sufficiently close substitutes for traditional 
funeral home services to prevent a price increase for the latter.

IV. The Consent Agreement

    The Commission believes that the Consent Agreement, if made final, 
would fully restore competition and maintain the competitive status quo 
ante in the local markets that would have been adversely impacted by 
the proposed acquisition.

A. The Direct Overlap Markets

    In 29 local funeral service markets and 12 local cemetery service 
markets, the Consent Agreement provides for divestitures of specific 
properties. The following Table A lists each of the local markets in 
which the Complaint alleges that the proposed acquisition would be 
competitively problematic, separately for funeral services and cemetery 
services. Table A also lists the specific SCI or Alderwoods funeral 
home facilities that SCI will be required to divest under the Consent 
Agreement.
Table A
1. Funeral Service Markets and the Required Divestitures

------------------------------------------------------------------------
                                            Properties required to be
              Market area                            divested
------------------------------------------------------------------------
1. Abilene, Texas......................  Elmwood Funeral Home, 5750 U.S.
                                          Highway 277 South, Abilene,
                                          Texas (an SCI property).
2. Alhambra, California................  Universal Chung Wah Funeral
                                          Directors, 225 North Garfield
                                          Avenue, Alhambra, California
                                          (an SCI property).
3. Baton Rouge, Louisiana..............  Resthaven Gardens of Memory
                                          Funeral Home, 11817 Jefferson
                                          Highway, Baton Rouge,
                                          Louisiana (an Alderwoods
                                          property).
4. Brownsville, Texas..................  1. Trevino Funeral Home, 1355
                                          Old Port Isabel Road,
                                          Brownsville, Texas (an
                                          Alderwoods property); and
                                         2. Darling-Mouser Funeral Home,
                                          945 Palm Boulevard,
                                          Brownsville, Texas (an
                                          Alderwoods property).
5. Broward County, Florida.............  1. Levitt-Weinstein Memorial
                                          Chapel, 3201 N.W. 72nd Avenue,
                                          Hollywood, Florida (an
                                          Alderwoods property);
                                         2. Levitt-Weinstein Memorial
                                          Chapel, 8135 West McNab Road,
                                          Tamarac, Florida (an
                                          Alderwoods property);
                                         3. Levitt-Weinstein Memorial
                                          Chapel, 1921 Pembroke Road,
                                          Hollywood, Florida (an
                                          Alderwoods property); and
                                         4. Levitt-Weinstein Memorial
                                          Chapel, 7500 North State Road
                                          7, Coconut Creek, Florida (an
                                          Alderwoods property).
6. Cartersville, Georgia...............  Parnick Jennings Funeral Home &
                                          Cremation Services, 430
                                          Cassville Road, Cartersville,
                                          Georgia (an SCI property).

[[Page 70773]]

 
7. Charlotte, North Carolina...........  Hankins & Whittington--Dilworth
                                          Chapel, 1111 East Boulevard,
                                          Charlotte, North Carolina (an
                                          Alderwoods property).\10\
8. Fort Myers, Florida.................  Fort Myers Memorial Gardens
                                          Funeral Home, 1589 Colonial
                                          Boulevard, Fort Myers, Florida
                                          (an SCI property).
9. Gonzales, Louisiana.................  Welsh Funeral Home, 426 West
                                          New River Street, Gonzales,
                                          Louisiana (an SCI
                                          property).\11\
10. Greensboro, North Carolina.........  Lambeth Troxler Funeral Home,
                                          300 West Wendover Avenue,
                                          Greensboro, North Carolina (an
                                          SCI property).
11. Hanford, California................  Whitehurst-McNamara Funeral
                                          Service, 100 West Bush Street,
                                          Hanford, California (an
                                          Alderwoods property).
12. Killeen, Texas.....................  Harper-Talasek Funeral Home,
                                          506 North 38th Street,
                                          Killeen, Texas (an Alderwoods
                                          property).
13. Lansing, Michigan..................  1. Estes-Leadley Greater
                                          Lansing Chapel, 325 West
                                          Washtenaw Street, Lansing,
                                          Michigan (an SCI property);
                                          and
                                         2. Estes-Leadley Holt/Delhi
                                          Chapel, 2121 Cedar Street,
                                          Holt, Michigan (an SCI
                                          property).
14. Lexington/West Columbia, South       1. Caughman-Harman Funeral
 Carolina.                                Home, 820 West Dunbar Road,
                                          West Columbia, South Carolina
                                          (an Alderwoods property); and
                                         2. Caughman-Harman Funeral
                                          Home, 5400 Bush River Road,
                                          Columbia, South Carolina (an
                                          Alderwoods property).\12\
15. Lynchburg, Virginia................  1. Diuguid Waterlick Chapel,
                                          21914 Timberlake Road,
                                          Lynchburg, Virginia (an
                                          Alderwoods property); and
                                         2. Diuguid Funeral Service, 811
                                          Wiggington Road, Lynchburg,
                                          Virginia (an Alderwoods
                                          property).
16. Manassas, Virginia.................  Lee Funeral Home, 8521 Sudley
                                          Road, Manassas, Virginia (an
                                          Alderwoods property).
17. Memphis, Tennessee.................  Memorial Park Funeral Home,
                                          5668 Poplar Avenue, Memphis,
                                          Tennessee (an Alderwoods
                                          property).
18. Merced, California.................  1. Ivers & Alcorn Funeral Home,
                                          901 West Main Street, Merced,
                                          California (an SCI property);
                                          and
                                         2. Ivers & Alcorn Funeral Home,
                                          3050 Winton Way, Atwater,
                                          California (an SCI property).
19. Meridian, Mississippi..............  James F. Webb Funeral Home,
                                          2514 7th Street, Meridian,
                                          Mississippi (an SCI property).
20. Miami-Dade County, Florida.........  1. Eternal Light Funeral
                                          Directors Inc., 17250 West
                                          Dixie Highway, North Miami
                                          Beach, Florida (an Alderwoods
                                          property);
                                         2. Blasberg-Rubin-Zilbert
                                          Funeral Chapel, 720 71st
                                          Street, Miami Beach, Florida
                                          (an Alderwoods property); and
                                         3. Levitt-Weinstein Memorial
                                          Chapels, 18840 West Dixie
                                          Highway, North Miami Beach,
                                          Florida (an Alderwoods
                                          property).\13\
21. Newton, Mississippi................  James F. Webb Funeral Home, 100
                                          Old Highway 15 Loop, Newton,
                                          Mississippi (an SCI property).
22. Odessa, Texas......................  Sunset Memorial Funeral Home,
                                          6801 East Highway 80, Odessa,
                                          Texas (an SCI property).
23. Port Orange, Florida...............  Cardwell & Maloney Funeral
                                          Home, 3571 South Ridgewood
                                          Avenue, Port Orange, Florida
                                          (an Alderwoods property).
24. Northern Rockland County, New York.  1. T.J. McGowan Sons Funeral
                                          Home, 71 North Central
                                          Highway, Garnerville, New York
                                          (an Alderwoods property); and
                                         2. T.J. McGowan Sons Funeral
                                          Home, 133 Broadway,
                                          Haverstraw, New York (an
                                          Alderwoods property).\14\
25. Seguin, Texas......................  Palmer Mortuary Inc., 1116
                                          North Austin Street, Seguin,
                                          Texas (an Alderwoods
                                          property).
26. Tulare, California.................  Miller's Tulare Funeral Home,
                                          151 North H Street, Tulare,
                                          California (an Alderwoods
                                          property).
27. Southern Ventura County, California  Conejo Mountain Funeral Home &
                                          Memorial Park, 2052 Howard
                                          Road, Camarillo, California
                                          (an Alderwoods property).
28. Yakima, Washington.................  Shaw & Sons Funeral Directors,
                                          Inc., 201 North 2nd Street,
                                          Yakima, Washington (an
                                          Alderwoods property).
29. Yuma, Arizona......................  Yuma Mortuary & Crematory, 551
                                          West 16th Street, Yuma,
                                          Arizona (an Alderwoods
                                          property).
------------------------------------------------------------------------
\10\ SCI will retain funeral home assets with the ``Hankins &
  Whittington'' name in this market, but, under the terms of the
  Decision and Order, is permitted to use this name only for a period
  limited to twelve months.
\11\ SCI will retain funeral homes with the ``Welsh'' name in this
  geographic market, and thus the proposed Decision and Order includes a
  provision that limits the acquirer's use of this name for the divested
  business to a period of twelve months.
\12\ SCI will retain funeral homes with the ``Caughman-Harman'' name in
  this geographic market, and thus the proposed Decision and Order
  includes a provision that limits the acquirer's use of this name to a
  period of twelve months.
\13\ SCI will retain funeral homes assets with the ``Levitt-Weinstein
  Memorial Chapel'' name in this market, but, under the terms of the
  Decision and Order, is permitted to use this name only for a period
  limited to twelve months.
\14\ SCI will retain funeral homes assets with the ``T.J. McGowan'' name
  in this market, but, under the terms of the Decision and Order, is
  permitted to the ongoing use of this name only for a period limited to
  twelve months.


[[Page 70774]]

2. Cemetery Service Markets and the Required Divestitures

------------------------------------------------------------------------
                                            Properties required to be
              Market area                            divested
------------------------------------------------------------------------
1. Abilene, Texas......................  Elmwood Memorial Park, 5750
                                          U.S. Highway 277 South,
                                          Abilene, Texas (an SCI
                                          property).
2. Baton Rouge, Louisiana..............  Resthaven Gardens of Memory,
                                          11817 Jefferson Highway, Baton
                                          Rouge, Louisiana (an
                                          Alderwoods property).
3. Bradenton/Palmetto, Florida.........  Skyway Memorial Gardens, 5200
                                          U.S. Highway 19, Palmetto,
                                          Florida (an Alderwoods
                                          property).
4. Broward County, Florida.............  Beth David Memorial Gardens &
                                          Chapel, 3201 N.W. 72nd Avenue,
                                          Hollywood, Florida (an
                                          Alderwoods property).
5. Columbia/Lexington, South Carolina..  1. Bush River Memorial Gardens,
                                          5400 Bush River Road,
                                          Columbia, South Carolina (an
                                          Alderwoods property);
                                         2. Elmwood Cemetery, 501
                                          Elmwood Avenue, Columbia,
                                          South Carolina (an Alderwoods
                                          property); and
                                         3. Southland Memorial Gardens,
                                          700 West Dunbar Road, West
                                          Columbia, South Carolina (an
                                          Alderwoods property).
6. Conroe, Texas.......................  Conroe Memorial Park, 1600
                                          Porter Road, Conroe, Texas (an
                                          Alderwoods property).
7. Fort Myers, Florida.................  Fort Myers Memorial Gardens,
                                          1589 Colonial Boulevard, Fort
                                          Myers, Florida (an SCI
                                          property).
8. Macon, Georgia......................  Glen Haven Memorial Gardens,
                                          7070 Houston Road, Macon,
                                          Georgia (an SCI property).
9. Memphis, Tennessee..................  Memorial Park Inc., 5668 Poplar
                                          Avenue, Memphis, Tennessee (an
                                          Alderwoods property).
10. Miami-Dade County, Florida.........  1. Graceland Memorial Park
                                          North, 4420 S.W. 8th Street,
                                          Miami, Florida (an Alderwoods
                                          property); and
                                         2. Graceland South Memorial
                                          Park, 13900 S.W. 117th Avenue,
                                          Miami, Florida (an Alderwoods
                                          property).
11. Nashville, Tennessee...............  Spring Hill Cemetery, 5110
                                          Gallatin Pike, Nashville,
                                          Tennessee (an Alderwoods
                                          property).
12. Ventura County, California.........  Conejo Mountain Funeral Home &
                                          Memorial Park, 2052 Howard
                                          Road, Camarillo, California
                                          (an Alderwoods property).
------------------------------------------------------------------------

B. The Dignity Affiliate Markets

    In six funeral service markets, the Consent Agreement requires that 
SCI, at its option, either divest the Alderwoods property being 
acquired or terminate the SCI licensing relationship with the third-
party Dignity Affiliate. The Consent Agreement also requires that until 
SCI has complied with this requirement in the markets, SCI shall not 
enter into or enforce any agreement or exchange information with the 
Dignity Affiliate regarding actual, suggested, or future prices of 
funeral services.
    Table B lists each of the highly concentrated Dignity Affiliate 
funeral service markets in which the proposed acquisition would create 
a competitive problem, together with the remedy.
Table B
Funeral Service Markets Where Divestiture or Contract Termination is 
Required Relief: (a) Properties That May Be Divested Local Market or 
(b) Dignity Affiliate Contracts That May Be Terminated

------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Anchorage, Alaska...................  (a) Alderwoods properties that
                                          may be divested: Evergreen
                                          Memorial Chapel, 737 East
                                          Street, Anchorage, Alaska;
                                          Alaska Cremation Center, 3804
                                          Spenard Road, Anchorage,
                                          Alaska; and Evergreen's Eagle
                                          River Funeral Home, 11046
                                          Chugiak Drive, Eagle River,
                                          Alaska; or
                                         (b) Third-party contracts that
                                          may be terminated: Kehl's
                                          Forest Lawn Mortuary, 11621
                                          Old Seward Highway, Anchorage,
                                          Alaska; and Witzleben Family
                                          Funeral Home, 1707 South
                                          Bragaw Street, Anchorage,
                                          Alaska.
2. Hobbs, New Mexico...................  (a) Alderwoods property that
                                          may be divested: Griffin
                                          Funeral Home, 401 North
                                          Dalmont, Hobbs, New Mexico; or
                                         (b) Third-party contracts that
                                          may be terminated: Chapel of
                                          Hope, 3321 North Dal Paso
                                          Street, Hobbs, New Mexico.
3. Klamath Falls, Oregon...............  (a) Alderwoods property that
                                          may be divested: O'Hair &
                                          Riggs Funeral Chapel, 515 Pine
                                          Street, Klamath Falls, Oregon;
                                          or
                                         (b) Third-party contracts that
                                          may be terminated: Eternal
                                          Hills Funeral Home, 4711
                                          Highway 39, Klamath Falls,
                                          Oregon.
4. Mansfield, Ohio.....................  (a) Alderwoods property that
                                          may be divested: Finefrock-
                                          Williams Funeral Home, 350
                                          Marion Avenue, Mansfield,
                                          Ohio; or
                                         (b) Third-party contracts that
                                          may be terminated: Wappner
                                          Funeral Home, 98 South Diamond
                                          Street, Mansfield, Ohio; and
                                          Wappner Funeral Home, 100
                                          South Lexington Springmill
                                          Road, Mansfield, Ohio.
5. Pascagoula, Mississippi.............  (a) Alderwoods properties that
                                          may be divested: Holder Wells
                                          Funeral Home, 4007 Main
                                          Street, Moss Point,
                                          Mississippi; or
                                         (b) Third-party contracts that
                                          may be terminated: O'Bryant-
                                          O'Keefe Funeral Home, 4811
                                          Telephone Road, Pascagoula,
                                          Mississippi; and O'Bryant-
                                          O'Keefe Gautier Funeral Home,
                                          3290 Ladnier Road, Gautier,
                                          Mississippi.

[[Page 70775]]

 
6. Williamsburg, Virginia..............  (a) Alderwoods property that
                                          may be divested: Bucktrout of
                                          Williamsburg, 4124 Ironbound
                                          Road, Williamsburg, Virginia;
                                          or
                                         (b) Third-party contracts that
                                          may be terminated: Nelsen
                                          Funeral Home, 3785 Strawberry
                                          Plains Road, Williamsburg,
                                          Virginia.
------------------------------------------------------------------------


    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E6-20591 Filed 12-5-06; 8:45 am]
BILLING CODE 6750-01-P