National Association of Animal Breeders, Inc.; Analysis To Aid Public Comment, 59152-59154 [2015-24874]

Download as PDF 59152 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices CONTACT PERSON FOR MORE INFO: Emogene Johnson (202) 434–9935/(202) 708–9300 for TDD Relay/1–800–877– 8339 for toll free. Sarah L. Stewart, Deputy General Counsel. [FR Doc. 2015–25080 Filed 9–29–15; 4:15 pm] BILLING CODE 6735–01–P Board of Governors of the Federal Reserve System, Michael J. Lewandowski Associate Secretary of the Board. FEDERAL RESERVE SYSTEM [FR Doc. 2015–24911 Filed 9–30–15; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES6 Formations of, Acquisitions by, and Mergers of Bank Holding Companies BILLING CODE 6210–01–P The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than October 30, 2015. A. Federal Reserve Bank of Boston (Prabal Chakrabarti, Senior Vice President) 600 Atlantic Avenue, Boston, Massachusetts 02210–2204: 1. Maine Community Bancorp, MHC and Maine Community Bancorp, Inc., both in Westbrook, Maine; to become a mutual bank holding company and a stock holding company, respectively, by acquiring Biddeford Savings Bank, Biddeford, Maine and Mechanics Savings Bank, Auburn, Maine. B. Federal Reserve Bank of St. Louis (Yvonne Sparks, Community Development Officer) P.O. Box 442, St. Louis, Missouri 63166–2034: VerDate Sep<11>2014 21:04 Sep 30, 2015 Jkt 238001 1. The McGehee Bank Employee Stock Ownership Plan, McGehee, Arkansas; to acquire up to an additional 35 percent of the voting shares of Southeast Financial Bankstock Corp., and thereby indirectly acquire additional voting shares of McGehee Bank, both in McGehee, Arkansas. FEDERAL TRADE COMMISSION [File No. 141 0215] National Association of Animal Breeders, Inc.; Analysis To Aid Public Comment Federal Trade Commission. Proposed consent agreement. AGENCY: ACTION: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order— embodied in the consent agreement— that would settle these allegations. DATES: Comments must be received on or before October 26, 2015. ADDRESSES: Interested parties may file a comment at http:// ftcpublic.commentworks.com/ftc/ NAABconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘National Association of Animal Breeders, Inc.—Consent Agreement; File No. 141 0125’’ on your comment and file your comment online at http://ftcpublic.commentworks.com/ ftc/NAABconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ‘‘National Association of Animal Breeders, Inc.—Consent Agreement; File No. 141 0125’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Armando Irizarry (202–326–2964) or SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Karen A. Mills (202–326–2052), Bureau of Competition, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for September 24, 2015), on the World Wide Web, at http:// www.ftc.gov/os/actions.shtm. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 26, 2015. Write ‘‘National Association of Animal Breeders, Inc.—Consent Agreement; File No. 141 0125’’ on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http:// www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals’ home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone’s Social Security number, date of birth, driver’s license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any ‘‘[t]rade secret or any commercial or financial information which . . . is privileged or confidential,’’ as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES6 If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).1 Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at http:// ftcpublic.commentworks.com/ftc/ NAABconsent by following the instructions on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘National Association of Animal Breeders, Inc.—Consent Agreement; File No. 141 0125’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before October 26, 2015. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http://www.ftc.gov/ftc/privacy.htm. Analysis of Agreement Containing Consent Order To Aid Public Comment The Federal Trade Commission (‘‘Commission’’) has accepted, subject to 1 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). VerDate Sep<11>2014 21:04 Sep 30, 2015 Jkt 238001 final approval, an Agreement Containing Consent Order (‘‘Consent Agreement’’) from the National Association of Animal Breeders, Inc. (hereinafter ‘‘NAAB’’). The Commission’s complaint (‘‘Complaint’’) alleges that NAAB, acting as a combination of its members and in agreement with at least some of its members, restrained competition among its members and others in violation of Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45. NAAB restrained competition by adopting and maintaining provisions in its Code of Ethics that restrain its members from (1) naming competitors in printed materials that contain certain information about the competitors, and (2) disclosing or publicizing prices of bulls purchased or sold. Under the terms of the proposed Consent Agreement, NAAB is required to cease and desist from restraining its members from (1) naming members or other competitors when making statements comparing the products and services of a member with the products and services of any other member or competitor, and (2) publicizing or disclosing price information relating to the purchase or sale of animals. The Commission anticipates that the competitive issues described in the Complaint will be resolved by accepting the proposed order, subject to final approval, contained in the Consent Agreement. The proposed Consent Agreement has been placed on the public record for 30 days for receipt of comments from interested members of the public. Comments received during this period will become part of the public record. After 30 days, the Commission will review the Consent Agreement again and the comments received, and will decide whether it should withdraw from the Consent Agreement or make final the accompanying Decision and Order (‘‘the Proposed Order’’). The purpose of this Analysis to Aid Public Comment is to invite and facilitate public comment. It is not intended to constitute an official interpretation of the proposed Consent Agreement and the accompanying Proposed Order or in any way to modify their terms. The Consent Agreement is for settlement purposes only and does not constitute an admission by NAAB that the law has been violated as alleged in the Complaint or that the facts alleged in the Complaint, other than jurisdictional facts, are true. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 59153 I. The Complaint The Complaint makes the following allegations. A. The Respondent NAAB is a non-profit corporation of animal breeders, with about twenty-four regular members, and about twentyseven non-voting associate members. Many of NAAB’s members are organizations in the business of collecting, processing, marketing and selling dairy and beef cattle semen for artificial insemination (‘‘AI’’). Members include small, family-owned breeding operations, cooperatives, and multinational corporations. B. The Anticompetitive Conduct NAAB maintains a Code of Ethics applicable to the commercial activities of its members. NAAB’s bylaws require that members comply with the Code of Ethics. NAAB maintains the following provisions in its Code of Ethics: • ‘‘Member competitors will not be named in printed material comparing averages between members.’’ • ‘‘The purchase price of sires, purchased at private treaty, by NAAB members shall not be disclosed by the Buyer, and the Seller shall be requested not to quote the selling price. Also, prices of bulls purchased at public auction by AI organizations shall not be quoted in their printed statements, advertising, and/or publicity material.’’ NAAB also established a process for receiving complaints about and resolving alleged violations of the Code of Ethics, including by allowing its members to resolve privately disputes arising out of the Code of Ethics, and also by establishing a mechanism by which NAAB may sanction violations of the Code of Ethics. The Complaint alleges that NAAB has violated Section 5 of the Federal Trade Commission Act by adopting and maintaining provisions in its Code of Ethics that restrain its members from (1) making advertisements comparing AI organizations, and (2) disclosing truthful and non-deceptive information. The Complaint alleges that the purpose, effects, tendency, or capacity of the combination, agreement, acts and practices of NAAB has been and is to restrain competition unreasonably and to injure consumers by discouraging and restricting competition among AI organizations, and by depriving consumers and others of the benefits of free and open competition among AI organizations. II. The Proposed Order The Proposed Order has the following substantive provisions. Paragraph II E:\FR\FM\01OCN1.SGM 01OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES6 59154 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices requires NAAB to cease and desist from restraining its members from (1) naming members or other competitors when making statements comparing the products and services of a member with the products and services of any other member or competitor, and (2) publicizing or disclosing price information relating to the purchase or sale of animals. The Proposed Order does not prohibit NAAB from adopting and enforcing reasonable restraints with respect to representations that NAAB reasonably believes would be false or deceptive within the meaning of Section 5 of the Federal Trade Commission Act. Paragraph III of the Proposed Order requires NAAB to remove from its Web site and organization documents any statement that does not comply with the Proposed Order, and to publish on the Web site any revision to the organization documents. NAAB must publish an announcement that it has changed its Code of Ethics, and a statement describing the Consent Agreement (‘‘the Settlement Statement’’). NAAB must distribute the Settlement Statement to NAAB’s board of directors, officers, employees, and members. Paragraph III also requires NAAB to provide all new members and all members who receive a membership renewal notice with a copy of the Settlement Statement. Paragraph IV of the Proposed Order requires NAAB to design, maintain, and operate an antitrust compliance program. NAAB will have to appoint Antitrust Counsel for the duration of the Proposed Order. For a period of five years, NAAB will have to provide inperson annual training to its board of directors, officers, and employees, and conduct a presentation at its annual convention that summarizes NAAB’s obligations under the Proposed Order and provides context-appropriate guidance on compliance with the antitrust laws. NAAB must also implement policies and procedures to enable persons to ask questions about, and report violations of, the Proposed Order and the antitrust laws confidentially and without fear of retaliation, and to discipline its board of directors, officers, employees, members, and agents for failure to comply with the Proposed Order. Paragraphs V–VII of the Proposed Order impose certain standard reporting and compliance requirements on NAAB. The Proposed Order will expire in 20 years. VerDate Sep<11>2014 21:04 Sep 30, 2015 Jkt 238001 By direction of the Commission. Donald S. Clark, Secretary. Proposed Project [FR Doc. 2015–24874 Filed 9–30–15; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Information Collection for Tuberculosis Data from Panel Physicians—Existing Collection in Use Without an OMB Control Number— National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), Centers for Disease Control and Prevention (CDC). Background and Brief Description Centers for Disease Control and Prevention [30Day–15–15AWV] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs. To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639–7570 or send an email to omb@cdc.gov. Written comments and/or suggestions regarding the items contained in this notice should be directed to the Attention: CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to (202) 395–5806. Written comments should be received within 30 days of this notice. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 The Centers for Disease Control and Prevention’s (CDC), National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), Division of Global Migration and Quarantine (DGMQ), Immigrant, Refugee, and Migrant Health Branch (IRMH), requests approval for a new information collection to request quarterly reports on certain tuberculosis data from U.S. panel physicians. The respondents are panel physicians. More than 760 panel physicians perform overseas pre-departure medical examinations in accordance with requirements, referred to as technical instructions, provided by the Centers for Disease Control and Prevention’s Division of Global Migration and Quarantine, Quality Assessment Program (QAP). The role of QAP is to assist and guide panel physicians in the implementation of the Technical Instructions; evaluate the quality of the overseas medical examination for U.S.bound immigrants and refugees; assess potential panel physician sites; and provide recommendations to the U.S. Department of State in matters of immigrant medical screening. To achieve DGMQ’s mission, the Immigrant, Refugee and Migrant Health branch (IRMH) works with domestic and international programs to improve the health of U.S.-bound immigrants and refugees to protect the U.S. public by preventing the importation of infectious disease. These goals are accomplished through IRMH’s oversight of medical exams required for all U.S.bound immigrants and refugees who seek permanent residence in the U.S. IRMH is responsible for assisting and training the international panel physicians with the implementation of medical exam Technical Instructions (TI). Technical Instructions are detailed requirements and national policies regarding the medical screening and treatment of all U.S.-bound immigrants and refugees. Screening for tuberculosis (TB) is a particularly important component of the immigration medical exam and allows panel physicians to diagnose active TB disease prior to arrival in the United States. As part of the Technical Instructions requirements, panel E:\FR\FM\01OCN1.SGM 01OCN1

Agencies

[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Notices]
[Pages 59152-59154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24874]


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-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

[File No. 141 0215]


National Association of Animal Breeders, Inc.; Analysis To Aid 
Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

-----------------------------------------------------------------------

SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair methods of competition. 
The attached Analysis to Aid Public Comment describes both the 
allegations in the draft complaint and the terms of the consent order--
embodied in the consent agreement--that would settle these allegations.

DATES: Comments must be received on or before October 26, 2015.

ADDRESSES: Interested parties may file a comment at http://ftcpublic.commentworks.com/ftc/NAABconsent online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``National Association 
of Animal Breeders, Inc.--Consent Agreement; File No. 141 0125'' on 
your comment and file your comment online at http://ftcpublic.commentworks.com/ftc/NAABconsent by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, write ``National Association of Animal Breeders, Inc.--
Consent Agreement; File No. 141 0125'' on your comment and on the 
envelope, and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
D), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Armando Irizarry (202-326-2964) or 
Karen A. Mills (202-326-2052), Bureau of Competition, 600 Pennsylvania 
Avenue NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, 
notice is hereby given that the above-captioned consent agreement 
containing consent order to cease and desist, having been filed with 
and accepted, subject to final approval, by the Commission, has been 
placed on the public record for a period of thirty (30) days. The 
following Analysis to Aid Public Comment describes the terms of the 
consent agreement, and the allegations in the complaint. An electronic 
copy of the full text of the consent agreement package can be obtained 
from the FTC Home Page (for September 24, 2015), on the World Wide Web, 
at http://www.ftc.gov/os/actions.shtm.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before October 26, 
2015. Write ``National Association of Animal Breeders, Inc.--Consent 
Agreement; File No. 141 0125'' on your comment. Your comment--including 
your name and your state--will be placed on the public record of this 
proceeding, including, to the extent practicable, on the public 
Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a 
matter of discretion, the Commission tries to remove individuals' home 
contact information from comments before placing them on the Commission 
Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, like anyone's Social Security number, 
date of birth, driver's license number or other state identification 
number or foreign country equivalent, passport number, financial 
account number, or credit or debit card number. You are also solely 
responsible for making sure that your comment does not include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any ``[t]rade secret or any commercial or financial information 
which . . . is privileged or confidential,'' as discussed in Section 
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). In particular, do not include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.

[[Page 59153]]

    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept 
confidential only if the FTC General Counsel, in his or her sole 
discretion, grants your request in accordance with the law and the 
public interest.
---------------------------------------------------------------------------

    \1\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at http://ftcpublic.commentworks.com/ftc/NAABconsent by following the instructions on the web-based form. If 
this Notice appears at http://www.regulations.gov/#!home, you also may 
file a comment through that Web site.
    If you file your comment on paper, write ``National Association of 
Animal Breeders, Inc.--Consent Agreement; File No. 141 0125'' on your 
comment and on the envelope, and mail your comment to the following 
address: Federal Trade Commission, Office of the Secretary, 600 
Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, 
or deliver your comment to the following address: Federal Trade 
Commission, Office of the Secretary, Constitution Center, 400 7th 
Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If 
possible, submit your paper comment to the Commission by courier or 
overnight service.
    Visit the Commission Web site at http://www.ftc.gov to read this 
Notice and the news release describing it. The FTC Act and other laws 
that the Commission administers permit the collection of public 
comments to consider and use in this proceeding as appropriate. The 
Commission will consider all timely and responsive public comments that 
it receives on or before October 26, 2015. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

Analysis of Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission (``Commission'') has accepted, subject 
to final approval, an Agreement Containing Consent Order (``Consent 
Agreement'') from the National Association of Animal Breeders, Inc. 
(hereinafter ``NAAB''). The Commission's complaint (``Complaint'') 
alleges that NAAB, acting as a combination of its members and in 
agreement with at least some of its members, restrained competition 
among its members and others in violation of Section 5 of the Federal 
Trade Commission Act, as amended, 15 U.S.C. 45. NAAB restrained 
competition by adopting and maintaining provisions in its Code of 
Ethics that restrain its members from (1) naming competitors in printed 
materials that contain certain information about the competitors, and 
(2) disclosing or publicizing prices of bulls purchased or sold.
    Under the terms of the proposed Consent Agreement, NAAB is required 
to cease and desist from restraining its members from (1) naming 
members or other competitors when making statements comparing the 
products and services of a member with the products and services of any 
other member or competitor, and (2) publicizing or disclosing price 
information relating to the purchase or sale of animals.
    The Commission anticipates that the competitive issues described in 
the Complaint will be resolved by accepting the proposed order, subject 
to final approval, contained in the Consent Agreement. The proposed 
Consent Agreement has been placed on the public record for 30 days for 
receipt of comments from interested members of the public. Comments 
received during this period will become part of the public record. 
After 30 days, the Commission will review the Consent Agreement again 
and the comments received, and will decide whether it should withdraw 
from the Consent Agreement or make final the accompanying Decision and 
Order (``the Proposed Order'').
    The purpose of this Analysis to Aid Public Comment is to invite and 
facilitate public comment. It is not intended to constitute an official 
interpretation of the proposed Consent Agreement and the accompanying 
Proposed Order or in any way to modify their terms.
    The Consent Agreement is for settlement purposes only and does not 
constitute an admission by NAAB that the law has been violated as 
alleged in the Complaint or that the facts alleged in the Complaint, 
other than jurisdictional facts, are true.

I. The Complaint

    The Complaint makes the following allegations.

A. The Respondent

    NAAB is a non-profit corporation of animal breeders, with about 
twenty-four regular members, and about twenty-seven non-voting 
associate members. Many of NAAB's members are organizations in the 
business of collecting, processing, marketing and selling dairy and 
beef cattle semen for artificial insemination (``AI''). Members include 
small, family-owned breeding operations, cooperatives, and 
multinational corporations.

B. The Anticompetitive Conduct

    NAAB maintains a Code of Ethics applicable to the commercial 
activities of its members. NAAB's bylaws require that members comply 
with the Code of Ethics. NAAB maintains the following provisions in its 
Code of Ethics:
     ``Member competitors will not be named in printed material 
comparing averages between members.''
     ``The purchase price of sires, purchased at private 
treaty, by NAAB members shall not be disclosed by the Buyer, and the 
Seller shall be requested not to quote the selling price. Also, prices 
of bulls purchased at public auction by AI organizations shall not be 
quoted in their printed statements, advertising, and/or publicity 
material.''
    NAAB also established a process for receiving complaints about and 
resolving alleged violations of the Code of Ethics, including by 
allowing its members to resolve privately disputes arising out of the 
Code of Ethics, and also by establishing a mechanism by which NAAB may 
sanction violations of the Code of Ethics.
    The Complaint alleges that NAAB has violated Section 5 of the 
Federal Trade Commission Act by adopting and maintaining provisions in 
its Code of Ethics that restrain its members from (1) making 
advertisements comparing AI organizations, and (2) disclosing truthful 
and non-deceptive information. The Complaint alleges that the purpose, 
effects, tendency, or capacity of the combination, agreement, acts and 
practices of NAAB has been and is to restrain competition unreasonably 
and to injure consumers by discouraging and restricting competition 
among AI organizations, and by depriving consumers and others of the 
benefits of free and open competition among AI organizations.

II. The Proposed Order

    The Proposed Order has the following substantive provisions. 
Paragraph II

[[Page 59154]]

requires NAAB to cease and desist from restraining its members from (1) 
naming members or other competitors when making statements comparing 
the products and services of a member with the products and services of 
any other member or competitor, and (2) publicizing or disclosing price 
information relating to the purchase or sale of animals. The Proposed 
Order does not prohibit NAAB from adopting and enforcing reasonable 
restraints with respect to representations that NAAB reasonably 
believes would be false or deceptive within the meaning of Section 5 of 
the Federal Trade Commission Act.
    Paragraph III of the Proposed Order requires NAAB to remove from 
its Web site and organization documents any statement that does not 
comply with the Proposed Order, and to publish on the Web site any 
revision to the organization documents. NAAB must publish an 
announcement that it has changed its Code of Ethics, and a statement 
describing the Consent Agreement (``the Settlement Statement''). NAAB 
must distribute the Settlement Statement to NAAB's board of directors, 
officers, employees, and members. Paragraph III also requires NAAB to 
provide all new members and all members who receive a membership 
renewal notice with a copy of the Settlement Statement.
    Paragraph IV of the Proposed Order requires NAAB to design, 
maintain, and operate an antitrust compliance program. NAAB will have 
to appoint Antitrust Counsel for the duration of the Proposed Order. 
For a period of five years, NAAB will have to provide in-person annual 
training to its board of directors, officers, and employees, and 
conduct a presentation at its annual convention that summarizes NAAB's 
obligations under the Proposed Order and provides context-appropriate 
guidance on compliance with the antitrust laws. NAAB must also 
implement policies and procedures to enable persons to ask questions 
about, and report violations of, the Proposed Order and the antitrust 
laws confidentially and without fear of retaliation, and to discipline 
its board of directors, officers, employees, members, and agents for 
failure to comply with the Proposed Order.
    Paragraphs V-VII of the Proposed Order impose certain standard 
reporting and compliance requirements on NAAB.
    The Proposed Order will expire in 20 years.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015-24874 Filed 9-30-15; 8:45 am]
BILLING CODE 6750-01-P