Notice Pursuant to the National Cooperative Research and Production Act of 1993-Network Centric Operations Industry Consortium, Inc., 7592-7593 [08-562]
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Notices
Notice is hereby given that, on
November 15, 2007, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
NanoCable ATP Project No.
70NANB7H7043 has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing (1) the identities
of the parties and (2) the nature and
objectives of the venture. The
notifications were filed for the purpose
of invoking the Act’s provisions limiting
the recovery of antitrust plaintiffs to
actual damages under specified
circumstances.
Pursuant to Section 6(b) of the Act,
the identifies of the parties to the
venture are: NanoRidge Materials, Inc.,
Houston, TX; and The Boeing Company,
Huntington Beach, CA. The general area
of planned activity for NanoCable ATP
Project No. 70NANB7H7043 is to
develop a lightweight electrically
conductive wire/cable utilizing
conductive carbon nanotubes embedded
in a polymer matrix.
The activities of this venture project
will be partially funded by an award
from the Advanced Technology
Program, National Institute of Standards
and Technology, U.S. Department of
Commerce.
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Capella University,
Minneapolis, MN; John Wiley & Sons,
Higher Education, Hoboken, NJ; The
Pennsylvania State University,
University Park, PA; Tele-Universite,
Montreal, Quebec, Canada; Tennessee
Board of Regents—Campus Collective,
Nashville, TN; University of North
Carolina—Wilmington, Wilmington,
NC; and University of Toronto, Toronto,
Ontario, Canada have been added as
parties to this venture. Also, Indiana
University Purdue University
Indianapolis, Indianapolis, IN; and
Committee on Institutional Cooperation,
University Park, PA have withdrawn as
parties to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and IMS Global
Learning Consortium, Inc. intends to file
additional written notifications
disclosing all changes in membership.
On April 7, 2000, IMS Global
Learning Consortium, Inc. filed its
original notification pursuant to Section
6(a) of the Act. The Department of
Justice published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on September 13, 2000 (65 FR
55283).
The last notification was filed with
the Department on October 18, 2007. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on December 3, 2007 (72 FR 67965).
Patricia A. Brink,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 08–559 Filed 2–7–08; 8:45 am]
Patricia A. Brink,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 08–560 Filed 2–7–08; 8:45 am]
BILLING CODE 4410–11–M
BILLING CODE 4410–11–M
DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE
Antitrust Division
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—IMS Global Learning
Consortium, Inc.
Notice Pursuant to the National
Cooperative Research and Production
act of 1993—Interchangeable Virtual
Instruments Foundation, Inc.
Notice is hereby given that, on
January 10, 2008, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS
Global Learning Consortium, Inc. has
filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
A notice is hereby given that, on
December 21, 2007, pursuant to Section
6(a) of the National Cooperative
Research and Production act of 1993, 15
U.S.C. 4301 et seq. (‘‘the Act’’),
Interchangeable Virtual Instruments
Foundation, Inc. has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
DEPARTMENT OF JUSTICE
Antitrust Division
pwalker on PROD1PC71 with NOTICES
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—NanoCable ATP Project
No. 70NANB7H7043
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filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Santa Barbara Infrared,
Santa Barbara, CA has withdrawn as a
party to this venture.
No other changes have been made in
either the membership or planned
activity of ther group research project.
Membership in this group research
project remains open, and
Interchangeable Virtual Instruments
Foundation, Inc. intends to file
additional written notifications
disclosing all ahcanges in membership.
On May 29, 2001, Interchangeable
Virtual Instruments Foundation, Inc.
filed its original notification pursuant to
Section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to Section
6(b) of the Act on July 30, 2001 (66 FR
39336).
The last notification was filed with
the Department on October 10, 2007. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on November 7, 2007 (72 FR 6265).
Patricia A. Brink,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 08–561 Filed 2–7–08; 8:45 am]
BILLING CODE 4410–11–M
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Network Centric
Operations Industry Consortium, Inc.
Notice is hereby given that, on
January 8, 2008, pursuant to Section 6(a)
of the National Cooperative Research
and Production Act of 1993, 15 U.S.C.
4301 et seq. (‘‘the Act’’), Network
Centric Operations Industry
Consortium, Inc. has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Themis Computer,
Fremont, CA; Wind River Systems,
Alameda, CA; SteelCloud, Herndon, VA;
SGI, Mountain View, CA; and S.C.
SIVECO Romania S.A., Bucharest,
Romania have withdrawn as parties to
this venture.
No other changes have been made in
either the membership or planned
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Notices
activity of the group research project.
Membership in this group research
project remains open, and Network
Centric Operations Industry
Consortium, Inc. intends to file
additional written notifications
disclosing all changes in membership.
On November 19, 2004, Network
Centric Operations Industry
Consortium, Inc. filed its original
notification pursuant to Section 6(a) of
the Act. The Department of Justice
published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on February 2, 2005 (70 FR 5486).
The last notification was filed with
the Department on October 12, 2007. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on November 7, 2007 (72 FR 62866).
Patricia A. Brink,
Deputy Director of Operations, Antitrust
Division.
[FR Doc. 08–562 Filed 2–7–08; 8:45 am]
BILLING CODE 4410–11–M
DEPARTMENT OF JUSTICE
Antitrust Division
pwalker on PROD1PC71 with NOTICES
United States v. Pearson PLC, Pearson
Education Inc., Reed Elsevier PLC,
Reed Elsevier NV, and Harcourt
Assessment Inc.; Proposed Final
Judgment and Competitive Impact
Statement
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16(b)–(h), that a proposed
Final Judgment, Stipulation, and
Competitive Impact Statement have
been filed with the United States
District Court for the District of
Columbia in United States v. Pearson
plc, Pearson Education Inc., Reed
Elsevier PLC, Reed Elsevier NV, and
Harcourt Assessment Inc., Civil Action
No. 1:08–cv–00143. On January 24,
2008, the United States filed a
Complaint to enjoin the proposed
acquisition by Pearson plc and Pearson
Education Inc. (collectively ‘‘Pearson’’),
of Harcourt Assessment Inc.
(‘‘Harcourt’’), a wholly-owned
subsidiary of Reed Elsevier PLC and
Reed Elsevier, NV, and to obtain
equitable and other relief. The
Complaint alleges that Pearson’s
acquisition of Harcourt would
substantially lessen competition in the
markets for adaptive behavior, speech
and language, and adult abnormal
personality clinical tests in violation of
section 7 of the Clayton Act, 15 U.S.C.
18. The proposed Final Judgment, filed
at the same time as the Complaint,
requires Pearson to divest: (1) Harcourt’s
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adaptive behavior clinical test, the
Adaptive Behavior Assessment System;
(2) Harcourt’s adult abnormal
personality clinical test, the Emotional
Assessment System, which is under
development; and (3) in the speech and
language clinical test market, either
Pearson’s Comprehensive Assessment of
Spoken Language and the Oral and
Written Language Scales or Harcourt’s
Clinical Evaluation of Language
Fundamentals.
Copies of the Complaint, proposed
Final Judgment, and Competitive Impact
Statement are available for inspection at
the United States Department of Justice,
Antitrust Division, Antitrust Documents
Group, 325 7th Street, NW., Room 215,
Washington, DC 20530 (telephone: 202–
514–2481), on the United States
Department of Justice’s Web site at
https://www.usdoj.gov/atr, and at the
Office of the Clerk of the United States
District Court for the District of
Columbia. Copies of these materials may
be obtained from the Antitrust Division
upon request and payment of the
copying fee set by United States
Department of Justice regulations.
Public comment is invited within 60
days of the date of this notice. Such
comments, and responses thereto, will
be published in the Federal Register
and filed with the Court. Comments
should be directed to James J. Tierney,
Chief, Networks and Technology
Enforcement Section, Antitrust
Division, United States Department of
Justice, 600 E Street, NW., Suite 9500,
Washington, DC 20530 (telephone: 202–
307–6200).
Patricia A. Brink,
Deputy Director of Operations.
UNITED STATES OF AMERICA Department
of Justice, Antitrust Division, 600 E Street,
NW., Suite 9500, Washington, DC 20530,
Plaintiff, v. Pearson PLC, 80 Strand WC2R
0RL London, England; Pearson Education
Inc., One Lake Street, Upper Saddle River,
New Jersey 07458; Reed Elsevier PLC, 1–
3 Strand WC2N 5JR London, England; Reed
Elsevier NV, Radarweg 29, 1043 NX
Amsterdam, The Netherlands; Harcourt
Assessment Inc., 14500 Bulverde Road,
San Antonio, Texas 78259, Defendants.
[Case No.: 1:08–cv–00143, Judge: KollarKotelly, Colleen, Deck Type: Antitrust, Date
Stamp: 1/24/2008]
Complaint
The United States of America, acting
under the direction of the Attorney
General of the United States, brings this
civil antitrust action to enjoin the
proposed acquisition by Pearson plc and
Pearson Education Inc. (collectively
‘‘Pearson’’), of Harcourt Assessment Inc.
(hereafter ‘‘Harcourt’’), a wholly-owned
subsidiary of Reed Elsevier PLC and
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7593
Reed Elsevier, NV (collectively ‘‘Reed
Elsevier’’), and to obtain equitable and
other relief. The United States
complains and alleges as follows:
I. Nature of the Action
1. On or about May 4, 2007, and
amended on May 21, 2007, Pearson and
Reed Elsevier signed a sale and
purchase agreement for Pearson to
acquire all of the outstanding voting
securities of Harcourt, as well as
additional Reed Elsevier assets, for
approximately $950 million in cash.
2. Pearson and Harcourt both develop,
publish, market, sell, and distribute
individually-administered standardized
norm-referenced comprehensive clinical
tests (hereafter ‘‘clinical tests’’),
including adaptive behavior and speech
and language clinical tests. Pearson’s
proposed acquisition of Harcourt would
combine the two largest publishers of
such tests in the United States. Pearson
also develops, publishes, markets, sells,
and distributes market-leading adult
abnormal personality clinical tests.
Harcourt has invested substantial
resources in the development of a new
adult abnormal personality clinical test
and plans to enter the market for such
tests within the next year.
3. The markets for adaptive behavior,
speech and language, and adult
abnormal personality clinical tests are
highly concentrated and there are high
barriers to enter these markets.
Pearson’s proposed acquisition of
Harcourt will eliminate competition
between Pearson and Harcourt in these
markets.
4. The United States brings this action
to prevent Pearson’s proposed
acquisition of Harcourt because it would
substantially lessen competition in the
markets for adaptive behavior, speech
and language, and adult abnormal
personality clinical tests in violation of
Section 7 of the Clayton Act,
15 U.S.C. 18.
II. Parties to the Proposed Acquisition
5. Pearson plc, a U.K. corporation
with its headquarters in London,
England, operates businesses in
educational publishing, business
information, and consumer publishing.
Pearson Education Inc. (hereafter
‘‘Pearson Education’’), a wholly-owned
subsidiary of Pearson plc, is a Delaware
corporation with its headquarters in
Upper Saddle River, New Jersey.
Pearson Education develops, markets,
sells, and distributes clinical tests
throughout the United States.
6. Reed Elsevier PLC; a U. K.
corporation with its headquarters
located in London, England, and Reed
Elsevier NV, a Dutch corporation with
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Agencies
[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Notices]
[Pages 7592-7593]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-562]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National Cooperative Research and
Production Act of 1993--Network Centric Operations Industry Consortium,
Inc.
Notice is hereby given that, on January 8, 2008, pursuant to
Section 6(a) of the National Cooperative Research and Production Act of
1993, 15 U.S.C. 4301 et seq. (``the Act''), Network Centric Operations
Industry Consortium, Inc. has filed written notifications
simultaneously with the Attorney General and the Federal Trade
Commission disclosing changes in its membership. The notifications were
filed for the purpose of extending the Act's provisions limiting the
recovery of antitrust plaintiffs to actual damages under specified
circumstances. Specifically, Themis Computer, Fremont, CA; Wind River
Systems, Alameda, CA; SteelCloud, Herndon, VA; SGI, Mountain View, CA;
and S.C. SIVECO Romania S.A., Bucharest, Romania have withdrawn as
parties to this venture.
No other changes have been made in either the membership or planned
[[Page 7593]]
activity of the group research project. Membership in this group
research project remains open, and Network Centric Operations Industry
Consortium, Inc. intends to file additional written notifications
disclosing all changes in membership.
On November 19, 2004, Network Centric Operations Industry
Consortium, Inc. filed its original notification pursuant to Section
6(a) of the Act. The Department of Justice published a notice in the
Federal Register pursuant to Section 6(b) of the Act on February 2,
2005 (70 FR 5486).
The last notification was filed with the Department on October 12,
2007. A notice was published in the Federal Register pursuant to
Section 6(b) of the Act on November 7, 2007 (72 FR 62866).
Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 08-562 Filed 2-7-08; 8:45 am]
BILLING CODE 4410-11-M