Submission for OMB Review; Comment Requests, 47136-47137 [2014-19010]
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47136
Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Notices
final decision as to whether it should
withdraw from the proposed Consent
Agreement or make final the Decision
and Order (‘‘Order’’).
Pursuant to an Agreement and Plan of
Merger dated May 9, 2014, Akorn plans
to acquire all of VPI Holdings Corp., the
parent company of VersaPharm, for
approximately $324 million (the
‘‘Proposed Acquisition’’). The
Commission alleges in its Complaint
that the Proposed Acquisition, if
consummated, would violate Section 7
of the Clayton Act, as amended, 15
U.S.C. 18, and Section 5 of the Federal
Trade Commission Act, as amended, 15
U.S.C. 45, by lessening future
competition in the sale of generic
rifampin. The proposed Consent
Agreement will remedy the alleged
violations by preserving the future
competition that would otherwise be
eliminated by the Proposed Acquisition.
emcdonald on DSK67QTVN1PROD with NOTICES
The Product and Structure of the
Market
The Proposed Acquisition would
reduce the number of future suppliers in
the market for generic rifampin. Generic
rifampin is an antibacterial medication
used as a first-line treatment to kill or
prevent the growth of tuberculosis.
There are currently three generic drug
companies with approved ANDAs for
rifampin: VersaPharm, Mylan/Agila,
and Bedford. Akorn is one of a limited
number of firms that have a generic
rifampin product in development and
an ANDA under review by the U.S.
Food and Drug Administration (‘‘FDA’’).
As a result, the Proposed Acquisition
would significantly reduce the number
of future suppliers for generic rifampin.
Entry
Entry into the market for generic
rifampin would not be timely, likely, or
sufficient in magnitude, character, and
scope to deter or counteract the
anticompetitive effects of the Proposed
Acquisition. The combination of drug
development times and regulatory
requirements, including FDA approval,
is costly and lengthy. In addition, the
expertise and facilities required to
manufacture injectable products is
sufficiently specialized that only a
limited number of firms are capable of
participating in such markets. The
stability and sterility requirements
specific to manufacturing injectable
pharmaceuticals present a number of
problems and costs that discourage new
entry or expansion in the market for
generic rifampin.
Effects
The Proposed Acquisition would
likely cause significant anticompetitive
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harm to consumers by eliminating the
future competition that would otherwise
have occurred when Akorn’s generic
rifampin product entered the market.
Market participants consistently
characterize generic drug markets as
commodity markets in which the
number of generic suppliers has a direct
impact on pricing. Customers and
competitors alike have confirmed that
the price of generic pharmaceutical
products decreases with new entry even
after a number of suppliers has entered
the market. Further, customers have
confirmed that, in pharmaceutical
markets that can experience significant
manufacturing problems and shortages,
such as the market for generic rifampin,
the entry of a fourth, fifth, sixth, or even
subsequent generic competitor produces
more competitive prices than if fewer
suppliers are available to them. The
Proposed Acquisition would eliminate
significant future competition between
Akorn and VersaPharm. The evidence
shows that anticompetitive effects are
likely to result from the Proposed
Acquisition due to a decrease in the
number of independent competitors in
the market for generic rifampin. Absent
the Proposed Acquisition, the presence
of Akorn as an additional competitor
likely would have allowed customers to
negotiate lower prices, as well as secure
supply in times of product shortages.
Thus, the Proposed Acquisition will
likely cause U.S. consumers to pay
significantly higher prices for generic
rifampin, absent a remedy.
The Consent Agreement
The proposed Consent Agreement
effectively remedies the Proposed
Acquisition’s anticompetitive effects in
the relevant product market. Pursuant to
the Consent Agreement, Akorn is
required to divest its rights related to
generic rifampin to Watson. Akorn must
accomplish this divestiture no later than
ten days after the Proposed Acquisition
is consummated.
The Commission’s goal in evaluating
possible purchasers of divested assets is
to maintain the competitive
environment that existed prior to the
Proposed Acquisition. If the
Commission determines that Watson is
not an acceptable acquirer of the
divested asset, or that the manner of the
divestiture is not acceptable, the parties
must unwind the sale of rights to
Watson and divest the asset to a
Commission-approved acquirer within
six months of the date the Order
becomes final. In that circumstance, the
Commission may appoint a trustee to
divest the asset if the parties fail to
divest it as required.
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The proposed Consent Agreement
contains several provisions to help
ensure that the divestiture is successful.
The Order requires Akorn to take all
action necessary to maintain the
economic viability, marketability, and
competitiveness of the asset to be
divested. Akorn must assist Watson in
securing FDA approval for the pending
ANDA. Akorn must also provide
transitional services to assist Watson in
setting up its generic rifampin
manufacturing process, which includes
conveying all know-how, data, and
other information necessary to transfer
its manufacturing capabilities. To allow
Watson to enter the market while it
validates its manufacturing process, the
Order requires Akorn to provide Watson
with a supply of product.
The Commission has agreed to
appoint F. William Rahe from Quantic
Regulatory Services, LLC to act as an
interim monitor to assure that Akorn
expeditiously complies with all of its
obligations and perform all of its
responsibilities pursuant to the Consent
Agreement. To ensure that the
Commission remains informed about
the status of the transfer of rights and
assets, the Consent Agreement requires
Akorn to file reports with the interim
monitor who will report in writing to
the Commission concerning
performance by the parties of their
obligations under the Consent
Agreement.
The purpose of this analysis is to
facilitate public comment on the
proposed Consent Agreement, and it is
not intended to constitute an official
interpretation of the proposed Order or
to modify its terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014–18982 Filed 8–11–14; 8:45 am]
BILLING CODE 6750–01–P
FINANCIAL STABILITY OVERSIGHT
COUNCIL
Submission for OMB Review;
Comment Requests
Notice and request for
comments.
ACTION:
The Financial Stability
Oversight Council will submit the
following information collection request
to the Office of Management and Budget
(OMB) for review and clearance in
accordance with the Paperwork
Reduction Act of 1995, Public Law 104–
13, on or after the date of publication of
this notice.
SUMMARY:
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Federal Register / Vol. 79, No. 155 / Tuesday, August 12, 2014 / Notices
Estimated Total Annual Burden
Hours for all Collections: 500 hours.
Written comments must be
received on or before September 11,
2014 to be assured of consideration.
DATES:
Send comments regarding
the burden estimate, or any other aspect
of the information collection, including
suggestion for reducing the burden, to
(1) Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Desk Officer for
Treasury, New Executive Office
Building, Room 10235, Washington, DC
20503, or email at OIRA_Submission@
OMB.EOP.GOV and (2) Treasury PRA
Clearance Officer, 1750 Pennsylvania
Ave. NW., Suite 11020, Washington, DC
20220, or on-line at https://
www.PRAComment.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Copies of the submission(s) may be
obtained by calling (202) 927–5331 or
emailing at PRA@treasury.gov, or the
entire information collection request
may be found at https://www.reginfo.gov.
emcdonald on DSK67QTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Title: Designation of Financial Market
Utilities.
OMB Control Number: 1505–0239.
Abstract: The information collected
under 12 CFR 1320.20 from FMUs will
be used generally by the Council to
determine whether to designate or
rescind the designation of an FMU
under Title VIII of the Dodd-Frank Act.
The collection of information under
§ 1320.11 provides an opportunity for
an FMU to submit written materials to
the Council before the Council decides
whether to (1) make a proposed
designation of the FMU as systemically
important; or (2) make a proposed
determination to rescind the designation
of the FMU as systemically important.
Similarly, the collection of information
under § 1320.12 provides an
opportunity for an FMU to request a
hearing before, or submit written
materials to, the Council before the
Council makes a final designation of the
FMU as systemically important or
makes a final determination to rescind
the designation of the FMU. The
collection of information under
§ 1320.14 provides an opportunity for
an FMU to request a hearing before, or
submit written materials to, the Council
to contest the Council’s waiver or
modification of any of the notice,
hearing, or other requirements in
§§ 1320.11 and 1320.12.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profit and not-for-profit
organization.
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David G. Clunie,
Executive Secretary.
[FR Doc. 2014–19010 Filed 8–11–14; 8:45 am]
BILLING CODE 4810–25–P–P
GENERAL SERVICES
ADMINISTRATION
Commission To Eliminate Child Abuse
and Neglect Fatalities; Announcement
of Meeting
Commission to Eliminate Child
Abuse and Neglect Fatalities.
ACTION: Meeting Notice.
AGENCY:
The Commission to Eliminate
Child Abuse and Neglect Fatalities
(CECANF), a Federal Advisory
Committee established by the Protect
Our Kids Act of 2012, Public Law 112–
275, will hold a meeting open to the
public on Thursday, August 28, 2014 in
Plymouth, Michigan.
DATES: The meeting will be held on
Thursday, August 28, 2014, from 8:00
a.m. to 4:30 p.m. Eastern Standard
Time.
ADDRESSES: CECANF will convene its
meeting at The Inn at St. John’s, Grande
Ballroom, 44045 Five Mile Road,
Plymouth, Michigan 48170. This site is
accessible to individuals with
disabilities. The meeting will also be
made available via teleconference.
Submit comments identified by
‘‘Notice–CECANF–2014–04’’, by any of
the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘Notice–CECANF–2014–
04’’. Select the link ‘‘Comment Now’’
that corresponds with ‘‘Notice–
CECANF–2014–04’’. Follow the
instructions provided at screen. Please
include your name, company name (if
any), and ‘‘Notice–CECANF–2014–04’’
on your attached document.
• Mail: Commission to Eliminate
Child Abuse and Neglect Fatalities, c/o
General Services Administration,
Agency Liaison Division, 1800 F St.
NW., Room 7003D, Washington DC
20006.
Instructions: Please submit comments
only and cite ‘‘Notice–CECANF–2014–
04’’ in all correspondence related to this
notice. All comments received will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
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Visit
the CECANF Web site at https://
eliminatechildabuse
fatalities.sites.usa.gov/ or contact Ms.
Patricia Brincefield, Communications
Director, at 202–818–9596, 1800 F St.
NW., Room 7003D, Washington, DC
20006.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
[Notice–CECANF–2014–04; Docket No.
2014–0005; Sequence No. 4]
SUMMARY:
47137
Background: CECANF was
established to develop a national
strategy and recommendations for
reducing fatalities resulting from child
abuse and neglect.
Agenda: The purpose of the meeting
is for Commission members to gather
national and state-specific information
regarding child abuse and neglect
fatalities. The Commission will hear
from researchers and issue experts
regarding the scope of the problem,
strategies for improving national data
collection, policy barriers and
opportunities to reduce maltreatment
fatalities, confidentiality issues, and
potential solutions. Experts from such
disciplines as child welfare, law
enforcement, health, and public health
will present strategies for addressing the
issue of child abuse and neglect
fatalities.
Attendance at the Meeting:
Individuals interested in attending the
meeting in person must register in
advance because of limited space. To
register to attend in person or by phone,
please go to https://
www.surveymonkey.com/s/PFYVWR3
and follow the prompts. Detailed
meeting minutes will be posted within
90 days of the meeting. Interested
members of the public may listen to the
CECANF discussion by calling 1–866–
928–2008, and entering pass code
569839. Members of the public will not
have the opportunity to ask questions or
otherwise participate in the meeting.
However, members of the public
wishing to comment should follow the
steps detailed under the heading
addresses in this publication or contact
us via the CECANF Web site at https://
eliminatechildabuse
fatalities.sites.usa.gov/contact-us/.
Dated: August 5, 2014.
Karen White,
Executive Assistant.
[FR Doc. 2014–19084 Filed 8–11–14; 8:45 am]
BILLING CODE 6820–34–P
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Agencies
[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Notices]
[Pages 47136-47137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19010]
=======================================================================
-----------------------------------------------------------------------
FINANCIAL STABILITY OVERSIGHT COUNCIL
Submission for OMB Review; Comment Requests
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Financial Stability Oversight Council will submit the
following information collection request to the Office of Management
and Budget (OMB) for review and clearance in accordance with the
Paperwork Reduction Act of 1995, Public Law 104-13, on or after the
date of publication of this notice.
[[Page 47137]]
DATES: Written comments must be received on or before September 11,
2014 to be assured of consideration.
ADDRESSES: Send comments regarding the burden estimate, or any other
aspect of the information collection, including suggestion for reducing
the burden, to (1) Office of Information and Regulatory Affairs, Office
of Management and Budget, Attention: Desk Officer for Treasury, New
Executive Office Building, Room 10235, Washington, DC 20503, or email
at OIRA_Submission@OMB.EOP.GOV and (2) Treasury PRA Clearance Officer,
1750 Pennsylvania Ave. NW., Suite 11020, Washington, DC 20220, or on-
line at https://www.PRAComment.gov.
FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be
obtained by calling (202) 927-5331 or emailing at PRA@treasury.gov, or
the entire information collection request may be found at https://www.reginfo.gov.
SUPPLEMENTARY INFORMATION:
Title: Designation of Financial Market Utilities.
OMB Control Number: 1505-0239.
Abstract: The information collected under 12 CFR 1320.20 from FMUs
will be used generally by the Council to determine whether to designate
or rescind the designation of an FMU under Title VIII of the Dodd-Frank
Act. The collection of information under Sec. 1320.11 provides an
opportunity for an FMU to submit written materials to the Council
before the Council decides whether to (1) make a proposed designation
of the FMU as systemically important; or (2) make a proposed
determination to rescind the designation of the FMU as systemically
important. Similarly, the collection of information under Sec. 1320.12
provides an opportunity for an FMU to request a hearing before, or
submit written materials to, the Council before the Council makes a
final designation of the FMU as systemically important or makes a final
determination to rescind the designation of the FMU. The collection of
information under Sec. 1320.14 provides an opportunity for an FMU to
request a hearing before, or submit written materials to, the Council
to contest the Council's waiver or modification of any of the notice,
hearing, or other requirements in Sec. Sec. 1320.11 and 1320.12.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profit and not-for-profit
organization.
Estimated Total Annual Burden Hours for all Collections: 500 hours.
David G. Clunie,
Executive Secretary.
[FR Doc. 2014-19010 Filed 8-11-14; 8:45 am]
BILLING CODE 4810-25-P-P