Agency Information Collection Activities; Information Collection; USA Spending, 24206 [2013-09573]
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Notices
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contracts.13 As with exclusive dealing,
the economic literature also supports
the view that loyalty discounts more
often than not are procompetitive.14 The
Commission’s competition mission
therefore is best served by an approach
that counsels against imposing
restrictions on loyalty discounts unless
there is sufficient evidence to establish
that such arrangements have or are
likely to harm competition and
consumers.
The Order permits Graco to enter into
certain loyalty discount agreements that
require distributors to meet annual
purchase and inventory thresholds to
qualify for discounted prices.15 The
Order, however, restricts the scope of
these loyalty discounts by prescribing
the maximum threshold levels Graco
may set in 2013 and by only allowing
those maximums to increase by 5
percent year to year. Although there is
evidence that Graco in some instances
increased the inventory and purchase
thresholds it required distributors to
meet to receive discounts on fast-set
equipment following its acquisitions, I
have not seen evidence sufficient to link
these increases to the anticompetitive
effects of the mergers alleged in the
Commission’s Complaint. For example,
I have seen no evidence that a
distributor dropped Gama/PMC or any
other fringe competitor in response to
Graco’s increased thresholds. Further,
although there appears to be evidence
that at least some distributors are unable
to both meet the thresholds necessary to
receive Graco’s discounts and carry
competing manufacturers’ products,
there is nothing barring these
distributors from forgoing those
discounts in order to carry multiple
products lines. It has been several years
since Graco increased the thresholds. In
the absence of evidence this change
harmed competition, the fact that some
distributors prefer to take the discounts
is not a sufficient reason to believe that
prohibiting these contracts will protect
consumers. Moreover, it is unlikely that
the Commission is best positioned to
gauge what the appropriate threshold
should be for each distributor over time
and as market conditions change.
As a result, based upon the available
evidence, I am concerned the
restrictions on loyalty discounts in the
13 See generally Bruce H. Kobayashi, The
Economics of Loyalty Discount and Antitrust Law
in the United States, 1 COMP. POL’Y INT’L 115 (2005).
14 Id.
15 Decision & Order § III(6)(c), Graco, Inc., FTC
File No.101–0215, (April 17, 2013).
VerDate Mar<15>2010
19:28 Apr 23, 2013
Jkt 229001
Order ultimately may reduce consumer
welfare rather than protect competition.
Thus, I do not believe this aspect of the
Order is in the public interest.
*
*
*
*
*
For these reasons, I voted in favor of
the Commission’s Complaint and Order,
but respectfully disagree with the Order
provisions prohibiting exclusive
contracts and restricting loyalty
discounts. To the extent the majority
believes Graco may use such
arrangements to engage in
anticompetitive conduct in the future,
the Commission’s willingness and
ability to bring a monopolization claim
where the evidence indicates it is
appropriate would protect consumers
against the competitive risks posed by
these arrangements without depriving
consumers of their potential benefits.
[FR Doc. 2013–09673 Filed 4–23–13; 8:45 am]
BILLING CODE 6750–01–P
GENERAL SERVICES
ADMINISTRATION
[OMB Control No. 3090–00xx; Docket 2013–
0001; Sequence 5]
Agency Information Collection
Activities; Information Collection; USA
Spending
Interagency Policy and
Management Division, Office of
Governmentwide Policy, U.S. General
Services Administration (GSA).
ACTION: Notice of request for public
comments regarding a new OMB
clearance.
AGENCY:
Under the provisions of the
Paperwork Reduction Act, the General
Services Administration will be
submitting to the Office of Management
and Budget (OMB) a request to review
and approve a new information
collection requirement regarding USA
Spending.
SUMMARY:
Submit comments on or before
June 24, 2013.
ADDRESSES: Submit comments
identified by Information Collection
3090–00xx, USA Spending, by any of
the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching the OMB control number.
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘Information
Collection 3090–00xx, USA Spending.’’
Follow the instructions provided at the
DATES:
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
‘‘Submit a Comment’’ screen. Please
include your name, company name (if
any), and ‘‘Information Collection 3090–
00xx, USA Spending’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1275 First Street NE.,
Washington, DC 20417. ATTN: Hada
Flowers/IC 3090–00xx, USA Spending.
Instructions: Please submit comments
only and cite Information Collection
3090–00xx, USA Spending, in all
correspondence related to this
collection. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT:
Mary Searcy, Acquisition Systems for
Award Management Division, Office of
Governmentwide Policy, General
Services Administration, 1275 First
Street NE., Washington, DC 20417;
telephone number: 703–603–8132; or
email address Mary.Searcy@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
USASpending.gov is required by the
Federal Funding Accountability and
Transparency Act (Transparency Act).
The site provides the public with
information about how tax dollars are
spent. The site provides data about the
various types of contracts, grants, loans
and other types of spending in the
federal government.
B. Annual Reporting Burden
Number of Respondents: 5,000.
Responses per Respondent: 1.
Total Responses: 5,000.
Average Burden Hours per Response:
.25.
Total Burden Hours: 1250.
Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
the General Services Administration,
Regulatory Secretariat (MVCB), 1275
First Street NE., Washington, DC 20417,
telephone (202) 501–4755. Please cite
OMB Control Number 3090–00xx, USA
Spending, in all correspondence.
Dated: April 17, 2013.
Casey Coleman,
Chief Information Officer.
[FR Doc. 2013–09573 Filed 4–23–13; 8:45 am]
BILLING CODE 6820–WY–P
E:\FR\FM\24APN1.SGM
24APN1
Agencies
[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Page 24206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09573]
=======================================================================
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GENERAL SERVICES ADMINISTRATION
[OMB Control No. 3090-00xx; Docket 2013-0001; Sequence 5]
Agency Information Collection Activities; Information Collection;
USA Spending
AGENCY: Interagency Policy and Management Division, Office of
Governmentwide Policy, U.S. General Services Administration (GSA).
ACTION: Notice of request for public comments regarding a new OMB
clearance.
-----------------------------------------------------------------------
SUMMARY: Under the provisions of the Paperwork Reduction Act, the
General Services Administration will be submitting to the Office of
Management and Budget (OMB) a request to review and approve a new
information collection requirement regarding USA Spending.
DATES: Submit comments on or before June 24, 2013.
ADDRESSES: Submit comments identified by Information Collection 3090-
00xx, USA Spending, by any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching the OMB
control number. Select the link ``Submit a Comment'' that corresponds
with ``Information Collection 3090-00xx, USA Spending.'' Follow the
instructions provided at the ``Submit a Comment'' screen. Please
include your name, company name (if any), and ``Information Collection
3090-00xx, USA Spending'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN:
Hada Flowers/IC 3090-00xx, USA Spending.
Instructions: Please submit comments only and cite Information
Collection 3090-00xx, USA Spending, in all correspondence related to
this collection. All comments received will be posted without change to
https://www.regulations.gov, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mary Searcy, Acquisition Systems for
Award Management Division, Office of Governmentwide Policy, General
Services Administration, 1275 First Street NE., Washington, DC 20417;
telephone number: 703-603-8132; or email address Mary.Searcy@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
USASpending.gov is required by the Federal Funding Accountability
and Transparency Act (Transparency Act). The site provides the public
with information about how tax dollars are spent. The site provides
data about the various types of contracts, grants, loans and other
types of spending in the federal government.
B. Annual Reporting Burden
Number of Respondents: 5,000.
Responses per Respondent: 1.
Total Responses: 5,000.
Average Burden Hours per Response: .25.
Total Burden Hours: 1250.
Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, Regulatory Secretariat (MVCB), 1275 First Street NE.,
Washington, DC 20417, telephone (202) 501-4755. Please cite OMB Control
Number 3090-00xx, USA Spending, in all correspondence.
Dated: April 17, 2013.
Casey Coleman,
Chief Information Officer.
[FR Doc. 2013-09573 Filed 4-23-13; 8:45 am]
BILLING CODE 6820-WY-P