Financial Management and Assurance; Government Auditing Standards, 61143 [C1-2010-23374]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices
Participation Agreement at
approximately $115 million.
jlentini on DSKJ8SOYB1PROD with NOTICES
VI. The Proposed Complaint
The Commission’s Complaint alleges
that TCCC and DPSG are direct
competitors in the highly concentrated
and difficult to enter (a) branded
concentrate and (b) branded directstore-delivered carbonated soft drink
markets. The concentrate market is
national, and the branded soft drink
markets are local. Total United States
sales of concentrate is about $9 billion,
and total United States sales of
carbonated soft drinks, measured at
retail, is about $70 billion.
To carry out the distribution activities
currently undertaken by the bottler and
contemplated under the license
agreement, DPSG will need to provide
commercially sensitive confidential
information about its marketing plans to
CCR, the newly created TCCC bottler
subsidiary. DPSG currently provides
this sort of information to CCE in order
for it to perform its bottler or
distribution functions. The Commission
is concerned that TCCC’s access to this
information could enable it to use the
information in ways that could impair
DPSG’s ability to compete and
ultimately injure competition by
weakening a competitor or facilitating
coordination in the industry. The
Complaint alleges that TCCC’s access to
DPSG’s confidential information could
eliminate competition between TCCC
and DPSG, increase the likelihood that
TCCC may unilaterally exercise market
power, and facilitate coordinated
interaction in the industry.
VII. The Proposed Consent Order
Under the proposed Consent Order, to
remedy the alleged competitive concern
associated with access to the DPSG
commercially sensitive confidential
information, TCCC will be required to
set up a ‘‘firewall’’ to ensure that persons
at TCCC who may be in a position to use
the DPSG commercially sensitive
information in ways that may injure
DPSG and/or facilitate coordination will
not be allowed access to such
information. Persons at TCCC who are
assigned to perform traditional ‘‘bottler
functions’’– the kinds of functions that
CCE have historically performed for
DPSG – will be permitted access to the
DPSG information. Persons responsible
for ‘‘concentrate-related functions’’– the
kinds of functions that TCCC engaged in
as a competitor of DPSG when both had
their brands distributed by CCE – will
not be permitted access to the DPSG
information.
The proposed Consent Agreement
provides for the appointment of a
VerDate Mar<15>2010
18:22 Oct 01, 2010
Jkt 223001
61143
monitor to assure TCCC’s compliance
with the Consent Order. The monitor
will have a fiduciary responsibility to
the Commission. The monitor will be
appointed for a five (5) year term, but
the Commission may extend or modify
the term as appropriate.
The proposed Consent Agreement
contains a prior notice provision for
subsequent acquisitions by TCCC of its
franchised bottlers that also are licensed
to distribute DPSG products. Under the
order, TCCC will be required to give the
Commission forty-five (45) advance
notice of a proposed acquisition that is
not subject to the Hart-Scott-Rodino Act
and provide the Commission with all
management documents relating to the
proposed acquisition. If the 45-day
period expires without Commission
action, TCCC will be permitted to
consummate the proposed acquisition
and use DPSG confidential information
in the territories of the newly acquired
bottler as specified in this order. The
standard Hart-Scott-Rodino procedures
and time periods would continue to
apply for Hart-Scott-Rodino reportable
transactions.
The order, like the DPSG-TCCC
license agreement, will have a term of
twenty (20) years.
In notice document 2010–23374
beginning on page 57274 in the issue of
Monday, September 20, 2010 make the
following corrections:
1. On page 57275, in the first column,
under the ADDRESSES section, in the
second line, ‘‘(GAO–1O–853G)’’ should
read ‘‘(GAO–10–853G)’’.
2. On the same page, in the same
column, under the ADDRESSES section,
in the third and fourth lines, ‘‘https://
www.gao.gov/govaud/vbkO1.htm.’’
should read ‘‘https://www.gao.gov/
govaud/ybk01.htm.’’.
3. On the same page, in the same
column, under the SUPPLEMENTARY
INFORMATION section, in the seventh line,
‘‘yeJlowbookgao.gov’’ should read
‘‘yellowbook@gao.gov.’’
VIII. Opportunity for Public Comment
Meeting of the Advisory Committee on
Blood Safety and Availability
The Consent Agreement has been
placed on the public record for thirty
(30) days for receipt of comments from
interested persons. Comments received
during this period will become part of
the public record. After thirty days, the
Commission will again review the
proposed Consent Agreement, as well as
the comments received, and will decide
whether it should withdraw from the
Consent Agreement or make final the
Decision and Order.
By accepting the Consent Agreement
subject to final approval, the
Commission anticipates that the
competitive problem alleged in the
Complaint will be resolved. The
purpose of this analysis is to invite and
facilitate public comment concerning
the Consent Agreement. It is not
intended to constitute an official
interpretation of the proposed Consent
Agreement, nor is it intended to modify
the terms of the Decision and Order in
any way.
By direction of the Commission,
Commissioner Ramirez recused.
Donald S. Clark,
Secretary.
[FR Doc. 2010–24838 Filed 10–1–10; 12:10 pm]
BILLING CODE 6750–01–S
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
GOVERNMENT ACCOUNTABILITY
OFFICE
Financial Management and Assurance;
Government Auditing Standards
Correction
[FR Doc. C1–2010–23374 Filed 10–1–10; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Assistant
Secretary for Health, Office of the
Secretary, Department of Health and
Human Services.
ACTION: Notice.
AGENCY:
As stipulated by the Federal
Advisory Committee Act, the U.S.
Department of Health and Human
Services is hereby giving notice that the
Advisory Committee on Blood Safety
and Availability (ACBSA) will hold a
meeting. The meeting will be open to
the public.
DATES: The meeting will take place
Thursday, November 4, and Friday,
November 5, 2010, from 8:30 a.m. to 5
p.m.
ADDRESSES: The Universities at Shady
Grove, 9630 Gudelsky Drive, Rockville,
Maryland 20850, Phone: 301–738–6000.
FOR FURTHER INFORMATION CONTACT: Jerry
A. Holmberg, PhD, Executive Secretary,
Advisory Committee on Blood Safety
and Availability, Office of the Assistant
Secretary for Health, Department of
Health and Human Services, 1101
Wootton Parkway, Suite 250, Rockville,
MD 20852, (240) 453–8803, FAX (240)
453–8456, e-mail ACBSA@hhs.gov.
SUPPLEMENTARY INFORMATION: The
Advisory Committee on Blood Safety
SUMMARY:
E:\FR\FM\04OCN1.SGM
04OCN1
]]>Agencies
[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Page 61143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2010-23374]
=======================================================================
-----------------------------------------------------------------------
GOVERNMENT ACCOUNTABILITY OFFICE
Financial Management and Assurance; Government Auditing Standards
Correction
In notice document 2010-23374 beginning on page 57274 in the issue
of Monday, September 20, 2010 make the following corrections:
1. On page 57275, in the first column, under the ADDRESSES section,
in the second line, ``(GAO-1O-853G)'' should read ``(GAO-10-853G)''.
2. On the same page, in the same column, under the ADDRESSES
section, in the third and fourth lines, ``https://www.gao.gov/govaud/
vbkO1.htm.'' should read ``https://www.gao.gov/govaud/ybk01.htm.''.
3. On the same page, in the same column, under the SUPPLEMENTARY
INFORMATION section, in the seventh line, ``yeJlowbookgao.gov'' should
read ``yellowbook@gao.gov.''
[FR Doc. C1-2010-23374 Filed 10-1-10; 8:45 am]
BILLING CODE 1505-01-D
