Notice Pursuant to the National Cooperative Research and Production Act of 1993-Vehicle Infrastructure Integration Consortium, 22297-22298 [2013-08715]
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Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Notices
6(b) of the Act on October 11, 2012 (77
FR 61786).
The last notification was filed with
the Department on December 28, 2013.
A notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on February 1, 2013 (78 FR 7455).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—IMS Global Learning
Consortium, Inc.
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On March 28, 2000, Advanced Media
Workflow Association, 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 June 29, 2000 (65 FR 40127).
The last notification was filed with
the Department on December 26, 2012.
A notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on February 1, 2013 (78 FR 7455).
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Advanced Media
Workflow Association, Inc.
DEPARTMENT OF JUSTICE
Notice is hereby given that, on March
19, 2013, 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. (‘‘IMS Global’’) 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, Harvard Business
Publishing, Watertown, MA; and
VSCHOOLZ Inc., Coral Springs, FL,
have been added as parties to this
venture.
Also, The Open University, Milton
Keyes, England, UNITED KINGDOM;
Moodlerooms, Baltimore, MD;
Microsoft, Redmond, WA; and
University of Maryland University
College, Adelphi, MD, have withdrawn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
intends to file additional written
notifications disclosing all changes in
membership.
On April 7, 2000, IMS Global 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 December 28, 2012.
A notice was published in the Federal
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[FR Doc. 2013–08682 Filed 4–12–13; 8:45 am]
Antitrust Division
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17:00 Apr 12, 2013
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
DEPARTMENT OF JUSTICE
[FR Doc. 2013–08717 Filed 4–12–13; 8:45 am]
VerDate Mar<15>2010
Register pursuant to Section 6(b) of the
Act on February 1, 2013 (78 FR 7456).
22297
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
Notice is hereby given that, on March
20, 2013, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Advanced Media
Workflow Association, 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,
National Archives and Records
Administration, Washington, DC;
Lawrence Kaplan (individual member),
Menlo Park, CA; Jone Lee (individual
member), Suwon, REPUBLIC OF
KOREA; Joseph Spillman (individual
member), Temecula, CA; and Ian
Wimsett (individual member), London,
UNITED KINGDOM, have been added as
parties to this venture.
Also, Chyron Corp., Melville, NY;
Cineflix Productions, Toronto,
CANADA; Cube-Tec International,
Bremen, GERMANY; Portability 4
Media, Aultbeau, Achnasheen, UNITED
KINGDOM; Quantum, Englewood, CO;
and Patrick Cusack (individual
member), Los Angeles, CA, have
withdrawn as parties to this venture. In
addition, the following members have
changed their names: DVS Digital Video
to Rohde & Schwarz DVS, Hannover,
GERMANY; and OpenCube
Technologies to EVS Broadcast
Equipment, Ramonville Saint-Agne,
FRANCE.
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 Advanced
Media Workflow Association, Inc.
intends to file additional written
notifications disclosing all changes in
membership.
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[FR Doc. 2013–08684 Filed 4–12–13; 8:45 am]
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Vehicle Infrastructure
Integration Consortium
Notice is hereby given that, on March
21, 2013, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Vehicle
Infrastructure Integration Consortium
(‘‘VIIC’’) 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, Hyundai America
Technical Center, Inc., Superior
Township, MI, has joined VIIC as a
member.
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 VIIC intends
to file additional written notifications
disclosing all changes in membership.
On May 1, 2006, VIIC 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 June 2, 2006 (71 FR 32128).
The last notification was filed with
the Department on November 18, 2010.
A notice was published in the Federal
Register pursuant to Section 6(b) of the
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22298
Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Notices
Act on December 22, 2010 (75 FR
80536).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2013–08715 Filed 4–12–13; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
United States v. Apple, Inc., et al.;
Public Comments and Response on
Proposed Final Judgment
Pursuant to the Antitrust Procedures
and Penalties Act, 15 U.S.C. 16(b)–(h),
the United States hereby publishes
below the United States’ Response to
Public Comments on the proposed Final
Judgment as to Defendants The Penguin
Group, a division of Pearson PLC, and
Penguin Group (USA), Inc. in United
States v. Apple, Inc., et al., Civil Action
No. 12–CV–2826 (DLC), which was filed
in the United States District Court for
the Southern District of New York on
April 5, 2013, along with copies of the
three comments received by the United
States.
Copies of the comments and the
response are available for inspection at
the Department of Justice Antitrust
Division, 450 Fifth Street NW., Suite
1010, Washington, DC 20530
(telephone: 202–514–2481), on the
Department of Justice’s Web site at
https://www.justice.gov/atr/cases/apple/
index-1.html, and at the Office of the
Clerk of the United States District Court
for the Southern District of New York,
Daniel Patrick Moynihan United States
Courthouse, 500 Pearl Street, New York,
NY 10007–1312. Copies of any of these
materials may also be obtained upon
request and payment of a copying fee.
Patricia A. Brink,
Director of Civil Enforcement.
United States District Court for the
Southern District of New York
United States of America, Plaintiff, v.
Apple, Inc., et al., Defendants.
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Civil Action No. 12–CV–2826 (DLC)
ECF Case
Response by Plaintiff United States to
Public Comments on the Proposed Final
Judgment as to the Penguin Defendants
Pursuant to the requirements of the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16(b)–(h) (‘‘APPA’’ or
‘‘Tunney Act’’), the United States
hereby responds to the three public
comments received regarding the
proposed Final Judgment as to
VerDate Mar<15>2010
17:00 Apr 12, 2013
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Defendants The Penguin Group, a
division of Pearson PLC, and Penguin
Group (USA), Inc. (collectively,
‘‘Penguin’’). After careful consideration
of the comments submitted, the United
States continues to believe that the
proposed Final Judgment as to Penguin
(‘‘proposed Penguin Final Judgment’’)
will provide an effective and
appropriate remedy for the antitrust
violations alleged in the Complaint.
The three comments submitted to the
United States, along with a copy of this
Response to Comments, are posted
publicly at https://www.justice.gov/atr/
cases/apple/index-1.html, in accordance
with 15 U.S.C. 16(d) and the Court’s
April 1, 2013 Order (Docket No. 200).
The United States will publish this
Internet location and this Response to
Comments in the Federal Register, see
15 U.S.C. 16(d), and will then, pursuant
to the Court’s January 7, 2013 Order
(Docket No. 169), move for entry of the
proposed Penguin Final Judgment by no
later than April 19, 2013.
I. Procedural History
On April 11, 2012, the United States
filed a civil antitrust Complaint alleging
that Apple, Inc. (‘‘Apple’’) and five of
the six largest publishers in the United
States (‘‘Publisher Defendants’’)
conspired to raise prices of electronic
books (‘‘e-books’’) in the United States
in violation of Section 1 of the Sherman
Act, 15 U.S.C. 1. On the same day, the
United States filed a proposed Final
Judgment (‘‘Original Final Judgment’’)
as to three of the Publisher Defendants:
Hachette Book Group, Inc.,
HarperCollins Publishers L.L.C., and
Simon & Schuster, Inc. (collectively,
‘‘Original Settling Defendants’’). After
publication of the Original Final
Judgment, the United States received
868 public comments. The United States
filed its response to these comments on
July 23, 2012 (Docket No. 81) (‘‘Original
Response to Comments’’), and filed a
motion for entry of the Original Final
Judgment on August 3, 2012 (Docket No.
88). On September 5, 2012, this Court
issued an Opinion and Order finding
that the Original Final Judgment
satisfied the requirements of the Tunney
Act, see United States v. Apple, Inc.,
2012 WL 3865135, at *6–7 (Slip Op.
(Docket No. 113) at 16–19) (S.D.N.Y.
Sept. 5, 2012), and then entered the
Original Final Judgment on September
6, 2012 (Docket No. 119).
On December 18, 2012, the United
States reached a settlement with
Penguin on substantially the same terms
as those contained in the Original Final
Judgment, and filed a proposed Final
Judgment and a Stipulation signed by
the United States and Penguin
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consenting to the entry of the proposed
Final Judgment after compliance with
the requirements of the Tunney Act, 15
U.S.C. 16 (Docket No. 162). Pursuant to
those requirements, the United States
filed its Competitive Impact Statement
(‘‘CIS’’) with the Court on December 18,
2012 (Docket No. 163); the proposed
Final Judgment and CIS were published
in the Federal Register on December 31,
2012, see United States v. Apple, Inc.,
et al., 77 FR 77094; and summaries of
the terms of the proposed Final
Judgment and CIS, together with
directions for the submission of written
comments relating to the proposed Final
Judgment, were published in The
Washington Post for seven days
beginning on December 23, 2012 and
ending on December 29, 2012 and in the
New York Post for seven days beginning
on December 27, 2012 and ending on
January 4, 2013. The sixty-day period
for public comment ended on March 5,
2013. The United States received three
comments, which are described below
and attached hereto.1
II. The Complaint & the Proposed Final
Judgment as to Penguin
A. The Publisher Defendants’
Conspiracy With Apple
The United States has described the
conspiracy among Apple and the
Publisher Defendants in detail in a
number of previous submissions to the
Court, including the Complaint (Docket
No. 1), the Original Response to
Comments (Docket No. 81), and the CIS
(Docket No. 163), and therefore offers
only a relatively brief summary here.
Publisher Defendants were unhappy
with Amazon.com, Inc.’s (‘‘Amazon’s’’)
$9.99 pricing of newly released and
bestselling e-books and sought to
increase those prices. Compl. ¶¶ 3, 32–
34. Because each Publisher Defendant
expected that Amazon would resist any
unilateral attempt to force it to increase
its prices and feared that it would lose
sales if its e-books were priced higher
than its competitors’ e-books, id. ¶¶ 35–
36, 46, they ultimately agreed to act
collectively to raise retail e-book prices.
Id. ¶¶ 47–50.
Apple’s anticipated entry into the ebook business provided a perfect
opportunity to coordinate the Publisher
1 On February 8, 2013, the United States reached
a settlement with Defendants Verlagsgruppe Georg
von Holtzbrinck GmbH and Holtzbrinck Publishers,
LLC d/b/a Macmillan (collectively, ‘‘Macmillan’’),
and filed a proposed Final Judgment as to
Macmillan (‘‘proposed Macmillan Final Judgment’’)
and a Stipulation signed by the United States and
Macmillan consenting to entry of the proposed
Final Judgment after compliance with the Tunney
Act (Docket No. 174). The public comment period
on the proposed Macmillan Final Judgment will
expire on April 28, 2013.
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[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22297-22298]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08715]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National Cooperative Research and
Production Act of 1993--Vehicle Infrastructure Integration Consortium
Notice is hereby given that, on March 21, 2013, pursuant to Section
6(a) of the National Cooperative Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (``the Act''), Vehicle Infrastructure
Integration Consortium (``VIIC'') 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, Hyundai America Technical Center, Inc.,
Superior Township, MI, has joined VIIC as a member.
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 VIIC intends to file additional
written notifications disclosing all changes in membership.
On May 1, 2006, VIIC 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 June 2,
2006 (71 FR 32128).
The last notification was filed with the Department on November 18,
2010. A notice was published in the Federal Register pursuant to
Section 6(b) of the
[[Page 22298]]
Act on December 22, 2010 (75 FR 80536).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2013-08715 Filed 4-12-13; 8:45 am]
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