Revised Jurisdictional Thresholds of the Clayton Act, 2406-2407 [2013-00378]
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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Notices
end users of products or services.
Departing from this approach makes the
FTC into a general overseer of all
business disputes simply on the
conjecture that a dispute between two
large businesses may affect consumer
prices, which is a great expansion of our
role and is far afield from our mission
of protecting consumers. Further, the
unfairness count in the complaint
alleges merely speculative consumer
harm, at best, and thus fails to comply
with the Commission’s Unfairness
Statement.47
Fourth, even taking the muchcriticized N-Data consent decree as a
starting point, it is unclear whether this
case meets the requirements identified
by the Commission in that matter. In NData, the Commission alleged that there
was a clear promise to license by NData’s predecessor-in-interest, which NData subsequently broke.48 The
evidence presented to me in the instant
matter does not reveal a clear promise
by Motorola not to seek an injunction on
the SEPs at issue and at least one court
has found there was no such promise.
Nor does there appear to have been any
reasonable expectation on the part of
members of the relevant SSOs—the
Institute of Electrical and Electronics
Engineers (‘‘IEEE’’), the European
Telecommunications Standards Institute
(‘‘ETSI’’), and the International
Telecommunications Union (‘‘ITU’’)—
that SEP holders, including Google and
Motorola, had waived their right to seek
injunctions on their SEPs. At least one
of the SSOs at issue in this matter, ETSI,
went so far as to explicitly reject an
outright ban on injunctions.49 And the
one federal court that has issued an
injunction against what appears to have
been a willing licensee on a RANDencumbered patent (not identified
expressly as a SEP but a core technology
embodied in the standards) did so five
years ago on the 802.11a and 802.11g
IEEE-adopted wireless local area
network standards.50 Thus, it should
have been a reasonable expectation
since that time to IEEE members
(including the affected parties here) that
an injunction could issue in certain
situations even on a RAND-encumbered
SEP against a potentially-willing
licensee.
In sum, I disagree with my colleagues
about whether the alleged conduct
violates Section 5 but, more
importantly, believe the Commission’s
actions fail to provide meaningful
limiting principles regarding what is a
Section 5 violation in the standardsetting context, as evidenced by its
shifting positions in N-Data, Bosch, and
this matter. Because I cannot ignore the
jurisdictional conflicts and doctrinal
contradictions that we are inviting with
this policy and its inconsistent
application, I dissent.
[FR Doc. 2013–00465 Filed 1–10–13; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
Revised Jurisdictional Thresholds of
the Clayton Act
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
The Federal Trade
Commission announces the revised
thresholds for the Hart-Scott-Rodino
Antitrust Improvements Act of 1976
required by the 2000 amendment of
Section 7A of the Clayton Act.
DATES: Effective Date: February 11,
2013.
SUMMARY:
B.
Michael Verne, Federal Trade
Commission, Bureau of Competition,
Premerger Notification Office, 600
Pennsylvania Avenue NW., Room 301,
Washington, DC 20580, Phone (202)
326–3100.
SUPPLEMENTARY INFORMATION: Section
7A of the Clayton Act, 15 U.S.C. 18a, as
added by the Hart-Scott-Rodino
Antitrust Improvements Act of 1976,
Public Law 94–435, 90 Stat. 1390 (‘‘the
Act’’), requires all persons
contemplating certain mergers or
acquisitions, which meet or exceed the
jurisdictional thresholds in the Act, to
file notification with the Commission
and the Assistant Attorney General and
to wait a designated period of time
before consummating such transactions.
Section 7A(a)(2) requires the Federal
Trade Commission to revise those
thresholds annually, based on the
change in gross national product, in
accordance with Section 8(a)(5). Note
that while the filing fee thresholds are
revised annually, the actual filing fees
are not similarly indexed and, as a
result, have not been adjusted for
inflation in over a decade. The new
thresholds, which take effect 30 days
after publication in the Federal
Register, are as follows:
FOR FURTHER INFORMATION CONTACT:
Original
threshold
[million]
Subsection of 7A
mstockstill on DSK4VPTVN1PROD with
7A(a)(2)(A) ...............................................................................................................................................................
7A(a)(2)(B)(i) ............................................................................................................................................................
7A(a)(2)(B)(i) ............................................................................................................................................................
7A(a)(2)(B)(ii)(i) ........................................................................................................................................................
7A(a)(2)(B)(ii)(i) ........................................................................................................................................................
7A(a)(2)(B)(ii)(II) .......................................................................................................................................................
7A(a)(2)(B)(ii)(II) .......................................................................................................................................................
7A(a)(2)(B)(ii)(III) ......................................................................................................................................................
7A(a)(2)(B)(ii)(III) ......................................................................................................................................................
Section 7A note: Assessment and Collection of Filing Fees1 (3)(b)(1) ..................................................................
47 See FTC Policy Statement on Unfairness,
Appended to Int’l. Harvester Co., 104 F.T.C. 949,
1070 (1984) (‘‘First of all, the injury must be
substantial. The Commission is not concerned with
trivial or merely speculative harms.’’). As an initial
matter, consumers do not have a right to purchase
a good that a court or the ITC has found to infringe
a patent. Thus, the only possible cognizable harm
is the risk that the threat of an injunction may raise
prices or reduce innovation through deterring the
adoption of beneficial technologies. There is no
compelling evidence that either type of harm exists
in this matter, and it is far from certain that such
harm is likely to occur in the future, particularly
because it is so rare for the courts or the ITC to issue
VerDate Mar<15>2010
16:38 Jan 10, 2013
Jkt 229001
injunctions or exclusion orders for SEP-encumbered
technologies.
48 In re Negotiated Data Solutions LLC, FTC File
No. 051–0094, Complaint (Jan. 23, 2008), available
at https://www.ftc.gov/os/caselist/0510094/
080923ndscomplaint.pdf.
49 See, e.g., Submission of Qualcomm
Incorporated in Response to the Commission’s
Request for Written Submissions, In re Certain
Wireless Communications Devices, Portable Music
and Data Processing Devices, Computers and
Components Thereof, Inv. No. 337–TA–745, at 5
(Int’l Trade Comm’n July 9, 2012) (‘‘Language
whereby a patentee making a FRAND commitment
would have waived all right to injunction was
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
$200
50
200
10
100
10
100
100
10
100
Adjusted
threshold
[million]
$283.6
70.9
283.6
14.2
141.8
14.2
141.8
141.8
14.2
141.8
debated and briefly included in an [intellectual
property rights] policy adopted in 1993. However,
when the current policy was adopted in 1994, that
provision was removed. The only permissible
inference from this sequence is that the ETSI
membership turned their minds to the question of
waiver of injunction and affirmatively decided to
exclude any such waiver from the content of the
FRAND commitment.’’) (footnotes omitted).
50 See Commonwealth, 492 F. Supp. 2d at 602
(applying eBay factors and holding that permanent
injunction warranted for infringement of technology
that was ‘‘core technology’’ for the 802.11a standard
and ‘‘embodie[d]’’ in the 802.11g standard).
E:\FR\FM\11JAN1.SGM
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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Notices
Original
threshold
[million]
Subsection of 7A
Section 7A note: Assessment and Collection of Filing Fees (3)(b)(2) ....................................................................
Section 7A note: Assessment and Collection of Filing Fees (3)(b)(2) ....................................................................
Section 7A note: Assessment and Collection of Filing Fees (3)(b)(3) ....................................................................
1 Public
141.8
709.1
709.1
Law 106–553, Sec. 630(b) amended Sec. 18a note.
Any reference to these thresholds and
related thresholds and limitation values
in the HSR rules (16 CFR parts 801–803)
and the Antitrust Improvements Act
Notification and Report Form and its
Instructions will also be adjusted, where
indicated by the term ‘‘(as adjusted)’’, as
follows:
FOR FURTHER INFORMATION CONTACT:
GAO: Office of Public Affairs, (202)
512–4800.
42 U.S.C. 1395b–6.
Gene L. Dodaro,
Comptroller General of the United States.
[FR Doc. 2013–00335 Filed 1–10–13; 8:45 am]
BILLING CODE 1610–02–M
Original threshold
Adjusted
threshold
[million]
$10 million ............................
$50 million ............................
$100 million ..........................
$110 million ..........................
$200 million ..........................
$500 million ..........................
$1 billion ...............................
$14.2
70.9
141.8
156.0
283.6
709.1
1,418.1
By direction of the Commission.
Richard C. Donohue,
Acting Secretary.
BILLING CODE 6750–01–P
GOVERNMENT ACCOUNTABILITY
OFFICE
Medicare Payment Advisory
Commission Nomination Letters
Government Accountability
Office (GAO).
ACTION: Notice on letters of nomination.
AGENCY:
The Balanced Budget Act of
1997 established the Medicare Payment
Advisory Commission (MedPAC) and
gave the Comptroller General
responsibility for appointing its
members. For appointments to MedPAC
that will be effective May 1, 2013, I am
announcing the following: Letters of
nomination should be submitted
between January 15 and March 8, 2013,
to ensure adequate opportunity for
review and consideration of nominees
prior to the appointment of new
members.
SUMMARY:
ADDRESSES:
GAO: MedPACappointments@gao.gov.
GAO: 441 G Street NW., Washington,
DC 20548.
MedPAC: 601 New Jersey Avenue NW.,
Suite 9000, Washington, DC 20001.
VerDate Mar<15>2010
16:38 Jan 10, 2013
Jkt 229001
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier: CMS–10458]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Centers for Medicare &
Medicaid Services, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Centers for Medicare & Medicaid
Services (CMS) is publishing the
following summary of proposed
collections for public comment.
Interested persons are invited to send
comments regarding this burden
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.
1. Type of Information Collection
Request: New collection (request for a
new OMB control number). Title of
Information Collection: Consumer
Research Supporting Outreach for
Health Insurance Marketplace. Use: The
Centers for Medicare and Medicaid
Services is requesting clearance for two
surveys to aid in understanding levels of
awareness and customer service needs
associated with the Health Insurance
Marketplace established by the
AGENCY:
[FR Doc. 2013–00378 Filed 1–10–13; 8:45 am]
mstockstill on DSK4VPTVN1PROD with
100
500
500
Adjusted
threshold
[million]
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
Affordable Care Act. Because the
Marketplace will provide coverage to
the almost 50 million uninsured in the
United States through individual and
small employer programs, we have
developed one survey to be
administered to individual consumers
most likely to use the Marketplace and
another to be administered to small
employers most likely to use the Small
Business Health Options portion of the
Marketplace. These brief surveys,
designed to be conducted quarterly, will
give CMS the ability to obtain a rough
indication of the types of outreach and
marketing that will be needed to
enhance awareness of and knowledge
about the Marketplace for individual
and business customers. CMS’ biggest
customer service need is likely to be
providing sufficient education so
consumers: (a) can take advantage of the
Marketplace and (b) know how to access
CMS’ customer service channels. The
surveys will provide information on
media use, concept awareness, and
conceptual or content areas where
education for customer service delivery
can be improved. Awareness and
knowledge gaps are likely to change
over time based not only on
effectiveness of CMS’ marketing efforts,
but also of those of state, local, private
sector, and nongovernmental
organizations. Form Number: CMS–
10458 (OCN: 0938-New). Frequency:
Quarterly. Affected Public: Individuals
or households, Private Sector (business
or other for-profits). Number of
Respondents: 40,200. Total Annual
Responses: 40,200. Total Annual Hours:
2,480. (For policy questions regarding
this collection contact Clarese Astrin at
410–786–5424. For all other issues call
410–786–1326.)
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, access CMS’ Web Site
address at https://www.cms.hhs.gov/
PaperworkReductionActof1995, or
Email your request, including your
address, phone number, OMB number,
and CMS document identifier, to
Paperwork@cms.hhs.gov, or call the
Reports Clearance Office on (410) 786–
1326.
In commenting on the proposed
information collections please reference
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2406-2407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00378]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Revised Jurisdictional Thresholds of the Clayton Act
AGENCY: Federal Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission announces the revised thresholds
for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 required
by the 2000 amendment of Section 7A of the Clayton Act.
DATES: Effective Date: February 11, 2013.
FOR FURTHER INFORMATION CONTACT: B. Michael Verne, Federal Trade
Commission, Bureau of Competition, Premerger Notification Office, 600
Pennsylvania Avenue NW., Room 301, Washington, DC 20580, Phone (202)
326-3100.
SUPPLEMENTARY INFORMATION: Section 7A of the Clayton Act, 15 U.S.C.
18a, as added by the Hart-Scott-Rodino Antitrust Improvements Act of
1976, Public Law 94-435, 90 Stat. 1390 (``the Act''), requires all
persons contemplating certain mergers or acquisitions, which meet or
exceed the jurisdictional thresholds in the Act, to file notification
with the Commission and the Assistant Attorney General and to wait a
designated period of time before consummating such transactions.
Section 7A(a)(2) requires the Federal Trade Commission to revise those
thresholds annually, based on the change in gross national product, in
accordance with Section 8(a)(5). Note that while the filing fee
thresholds are revised annually, the actual filing fees are not
similarly indexed and, as a result, have not been adjusted for
inflation in over a decade. The new thresholds, which take effect 30
days after publication in the Federal Register, are as follows:
------------------------------------------------------------------------
Original Adjusted
Subsection of 7A threshold threshold
[million] [million]
------------------------------------------------------------------------
7A(a)(2)(A)............................. $200 $283.6
7A(a)(2)(B)(i).......................... 50 70.9
7A(a)(2)(B)(i).......................... 200 283.6
7A(a)(2)(B)(ii)(i)...................... 10 14.2
7A(a)(2)(B)(ii)(i)...................... 100 141.8
7A(a)(2)(B)(ii)(II)..................... 10 14.2
7A(a)(2)(B)(ii)(II)..................... 100 141.8
7A(a)(2)(B)(ii)(III).................... 100 141.8
7A(a)(2)(B)(ii)(III).................... 10 14.2
Section 7A note: Assessment and 100 141.8
Collection of Filing Fees\1\ (3)(b)(1).
[[Page 2407]]
Section 7A note: Assessment and 100 141.8
Collection of Filing Fees (3)(b)(2)....
Section 7A note: Assessment and 500 709.1
Collection of Filing Fees (3)(b)(2)....
Section 7A note: Assessment and 500 709.1
Collection of Filing Fees (3)(b)(3)....
------------------------------------------------------------------------
\1\ Public Law 106-553, Sec. 630(b) amended Sec. 18a note.
Any reference to these thresholds and related thresholds and
limitation values in the HSR rules (16 CFR parts 801-803) and the
Antitrust Improvements Act Notification and Report Form and its
Instructions will also be adjusted, where indicated by the term ``(as
adjusted)'', as follows:
------------------------------------------------------------------------
Adjusted
Original threshold threshold
[million]
------------------------------------------------------------------------
$10 million............................................. $14.2
$50 million............................................. 70.9
$100 million............................................ 141.8
$110 million............................................ 156.0
$200 million............................................ 283.6
$500 million............................................ 709.1
$1 billion.............................................. 1,418.1
------------------------------------------------------------------------
By direction of the Commission.
Richard C. Donohue,
Acting Secretary.
[FR Doc. 2013-00378 Filed 1-10-13; 8:45 am]
BILLING CODE 6750-01-P
