Notice Pursuant to the National Cooperative Research and Production Act of 1993-FD.IO Project, Inc., 8857-8858 [2017-02019]
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Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Notices
/s/ lllllllllllllllllll
Kenneth A. Libby, Special Attorney, U.S.
Department of Justice, Antitrust Division,
c/o Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington, DC
20580, Phone: (202) 326–2694
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, Plaintiff, v.
Mitchell P. Rales, Defendant.
Case No.: 1:17-cv-00103, Judge: Christopher
R. Cooper, Filed: 01/17/2017
FINAL JUDGMENT
Plaintiff, the United States of
America, having commenced this action
by filing its Complaint herein for
violation of Section 7A of the Clayton
Act, 15 U.S.C. 18a, commonly known as
the Hart-Scott-Rodino Antitrust
Improvements Act of 1976, and Plaintiff
and Defendant Mitchell P. Rales, by
their respective attorneys, having
consented to the entry of this Final
Judgment without trial or adjudication
of any issue of fact or law herein, and
without this Final Judgment
constituting any evidence against or an
admission by the Defendant with
respect to any such issue:
NOW, THEREFORE, before the taking
of any testimony and without trial or
adjudication of any issue of fact or law
herein, and upon the consent of the
parties hereto, it is hereby
ORDERED, ADJUDGED, AND
DECREED:
I.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The Court has jurisdiction of the
subject matter of this action and of the
Plaintiff and the Defendant. The
Complaint states a claim upon which
relief can be granted against the
Defendant under Section 7A of the
Clayton Act, 15 U.S.C. 18a.
II.
Judgment is hereby entered in this
matter in favor of Plaintiff and against
Defendant, and, pursuant to Section
7A(g)(1) of the Clayton Act, 15 U.S.C.
18a(g)(1), the Debt Collection
Improvement Act of 1996, Pub. L. 104–
134 § 31001(s) (amending the Federal
Civil Penalties Inflation Adjustment Act
of 1990, 28 U.S.C. 2461), and Federal
Trade Commission Rule 1.98, 16 CFR
1.98, 61 FR 54549 (Oct. 21, 1996), and
74 FR 857 (Jan. 9, 2009), and the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, Pub. L. 114–
74 § 701 (further amending the Federal
Civil Penalties Inflation Adjustment Act
of 1990), and Federal Trade Commission
Rule 1.98, 16 CFR 1.98, 81 FR 42,476
(June 30, 2016), Defendant is hereby
ordered to pay a civil penalty in the
amount of seven hundred twenty
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18:22 Jan 30, 2017
Jkt 241001
8857
thousand dollars ($720,000). Payment of
the civil penalty ordered hereby shall be
made by wire transfer of funds or
cashier’s check. If the payment is made
by wire transfer, Defendant shall contact
Janie Ingalls of the Antitrust Division’s
Antitrust Documents Group at (202)
514–2481 for instructions before making
the transfer. If the payment is made by
cashier’s check, the check shall be made
payable to the United States Department
of Justice and delivered to:
Janie Ingalls, United States Department
of Justice, Antitrust Division, Antitrust
Documents Group, 450 5th Street,
NW, Suite 1024, Washington, DC
20530
Defendant shall pay the full amount
of the civil penalty within thirty (30)
days of entry of this Final Judgment. In
the event of a default or delay in
payment, interest at the rate of eighteen
(18) percent per annum shall accrue
thereon from the date of the default or
delay to the date of payment.
15 U.S.C. 4301 et seq. (‘‘the Act’’), the
Integrated Photonics Institute for
Manufacturing Innovation operating
under the name of the American
Institute for Manufacturing Integrated
Photonics (‘‘AIM Photonics’’) 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,
The Regents of the University of
California on behalf of its Berkeley
campus, Berkeley, CA; The Regents of
the University of California on behalf of
its Davis campus, Davis, CA; University
of Colorado Boulder, Boulder, CO;
European Photonics Industry
Consortium (EPIC), Paris, FRANCE;
Microcircuit Laboratories LLC, Kennett
Square, PA; and Toyota Research
Institute of North America, Ann Arbor,
III.
MI, have been added as parties to this
venture.
Each party shall bear its own costs of
No other changes have been made in
this action.
either the membership or planned
IV.
activity of the group research project.
Membership in this group research
Entry of this Final Judgment is in the
project remains open, and AIM
public interest. The parties have
Photonics intends to file additional
complied with the requirements of the
written notifications disclosing all
Antitrust Procedures and Penalties Act,
changes in membership.
15 U.S.C. 16, including making copies
On June 16, 2016, AIM Photonics
available to the public of this Final
filed its original notification pursuant to
Judgment, the Competitive Impact
Section 6(a) of the Act. The Department
Statement, and any comments thereon
of Justice published a notice in the
and the United States’ responses to
Federal Register pursuant to Section
comments. Based upon the record
6(b) of the Act on July 25, 2016 (81 FR
before the Court, which includes the
48450).
Competitive Impact Statement and any
The last notification was filed with
comments and response to comments
the Department on September 27, 2016.
filed with the Court, entry of this Final
A notice was published in the Federal
Judgment is in the public interest.
Dated: lllllllllllllllll Register pursuant to Section 6(b) of the
lllllllllllllllllllll Act on November 3, 2016 (81 FR 76629).
United States District Judge
[FR Doc. 2017–02025 Filed 1–30–17; 8:45 am]
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Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2017–02023 Filed 1–30–17; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
DEPARTMENT OF JUSTICE
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Integrated Photonics
Institute for Manufacturing Innovation
Operating Under the Name of the
American Institute for Manufacturing
Integrated Photonics
Antitrust Division
Notice is hereby given that, on
December 23, 2016, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
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Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—FD.IO Project, Inc.
Notice is hereby given that, on
December 21, 2016, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), fd.io
Project, Inc. (‘‘fd.io’’) has filed written
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31JAN1
8858
Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Notices
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, AT&T, Alpharetta, GA, has
been added as a party 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 fd.io intends
to file additional written notifications
disclosing all changes in membership.
On May 4, 2016, fd.io 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 9, 2016 (81 FR 37211).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2017–02019 Filed 1–30–17; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
asabaliauskas on DSK3SPTVN1PROD with NOTICES
United States v. Ahmet H. Okumus;
Proposed Final Judgment and
Competitive Impact Statement
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16(b)–(h), that a proposed
Final Judgment, Stipulation, and
Competitive Impact Statement have
been filed with the United States
District Court for the District of
Columbia in United States of America v.
Ahmet H. Okumus, Civil Action No.
1:17–cv–00104. On January 17, 2017,
the United States filed a Complaint
alleging that Ahmet H. Okumus violated
the notice and waiting period
requirements of the Hart-Scott-Rodino
Antitrust Improvements Act of 1976, 15
U.S.C. 18a, with respect to his
acquisition of voting securities of
Web.com Group, Inc. The proposed
Final Judgment, filed at the same time
as the Complaint, requires Ahmet H.
Okumus to pay a civil penalty of
$180,000.
Copies of the Complaint, proposed
Final Judgment, and Competitive Impact
Statement are available for inspection
on the Antitrust Division’s Web site at
https://www.justice.gov/atr and at the
Office of the Clerk of the United States
District Court for the District of
Columbia. Copies of these materials may
be obtained from the Antitrust Division
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18:22 Jan 30, 2017
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upon request and payment of the
copying fee set by Department of Justice
regulations.
Public comment is invited within 60
days of the date of this notice. Such
comments, including the name of the
submitter, and responses thereto, will be
posted on the Antitrust Division’s Web
site, filed with the Court, and, under
certain circumstances, published in the
Federal Register. Comments should be
directed to Daniel P. Ducore, Special
Attorney, United States, c/o Federal
Trade Commission, 600 Pennsylvania
Avenue NW., CC–8416, Washington DC
20580 (telephone: 202–326–2526; email:
dducore@ftc.gov).
Patricia A. Brink,
Director of Civil Enforcement.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
United States of America, c/o Department of
Justice, Washington, D.C. 20530, Plaintiff,
v. Ahmet H. Okumus, 767 Third Avenue,
35th Floor, New York, NY 10017,
Defendant.
Case No.: 1:17–cv–00104
Judge: Rosemary M. Collyer
Filed: 01/17/2017
COMPLAINT FOR CIVIL PENALTIES
FOR FAILURE TO COMPLY WITH THE
PREMERGER REPORTING AND
WAITING REQUIREMENTS OF THE
HART-SCOTT RODINO ACT
The United States of America,
Plaintiff, by its attorneys, acting under
the direction of the Attorney General of
the United States and at the request of
the Federal Trade Commission, brings
this civil antitrust action to obtain
monetary relief in the form of civil
penalties against Defendant Ahmet H.
Okumus (‘‘Okumus’’). Plaintiff alleges
as follows:
NATURE OF THE ACTION
1. Okumus violated the notice and
waiting period requirements of the HartScott-Rodino Antitrust Improvements
Act of 1976, 15 U.S.C. 18a (‘‘HSR Act’’
or ‘‘Act’’), with respect to the
acquisition of voting securities of
Web.com Group, Inc. (‘‘Web.com’’).
JURISDICTION AND VENUE
2. This Court has jurisdiction over the
subject matter of this action pursuant to
Section 7A(g) of the Clayton Act, 15
U.S.C. 18a(g), and pursuant to 28 U.S.C.
1331, 1337(a), 1345, and 1355 and over
the Defendant by virtue of Defendant’s
consent, in the Stipulation relating
hereto, to the maintenance of this action
and entry of the Final Judgment in this
District.
3. Venue is properly based in this
District by virtue of Defendant’s
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consent, in the Stipulation relating
hereto, to the maintenance of this action
and entry of the Final Judgment in this
District.
THE DEFENDANT
4. Defendant Okumus is a natural
person with his principal office and
place of business at 767 Third Avenue,
35th Floor, New York, NY 10017.
Okumus is engaged in commerce, or in
activities affecting commerce, within
the meaning of Section 1 of the Clayton
Act, 15 U.S.C. 12, and Section 7A(a)(1)
of the Clayton Act, 15 U.S.C. 18a(a)(1).
At all times relevant to this complaint,
Okumus had sales or assets in excess of
$156.3 million.
OTHER ENTITIES
5. Web.com is a corporation organized
under the laws of Delaware with its
principal place of business at 12808
Gran Bay Parkway West, Jacksonville,
FL 32258. Web.com is engaged in
commerce, or in activities affecting
commerce, within the meaning of
Section 1 of the Clayton Act, 15 U.S.C.
12, and Section 7A(a)(1) of the Clayton
Act, 15 U.S.C. 18a(a)(1). At all times
relevant to this complaint, Web.com had
sales or assets in excess of $15.6
million.
THE HART-SCOTT-RODINO ACT AND
RULES
6. The HSR Act requires certain
acquiring persons and certain persons
whose voting securities or assets are
acquired to file notifications with the
federal antitrust agencies and to observe
a waiting period before consummating
certain acquisitions of voting securities
or assets. 15 U.S.C. 18a(a) and (b). These
notification and waiting period
requirements apply to acquisitions that
meet the HSR Act’s thresholds. As of
February 1, 2001, the size of transaction
threshold was $50 million. In addition,
there is a separate filing requirement for
transactions in which the acquirer will
hold voting securities in excess of $100
million, and for transactions in which
the acquirer will hold voting securities
in excess of $500 million. With respect
to the size of person thresholds, the HSR
Act requires one person involved in the
transaction to have sales or assets in
excess of $10 million, and the other
person to have sales or assets in excess
of $100 million. Since 2004, the size of
transaction and size of person
thresholds have been adjusted annually.
7. The HSR Act’s notification and
waiting period requirements are
intended to give the federal antitrust
agencies prior notice of, and
information about, proposed
transactions. The waiting period is also
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Agencies
[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Notices]
[Pages 8857-8858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02019]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National Cooperative Research and
Production Act of 1993--FD.IO Project, Inc.
Notice is hereby given that, on December 21, 2016, pursuant to
Section 6(a) of the National Cooperative Research and Production Act of
1993, 15 U.S.C. 4301 et seq. (``the Act''), fd.io Project, Inc.
(``fd.io'') has filed written
[[Page 8858]]
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, AT&T, Alpharetta,
GA, has been added as a party 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 fd.io intends to file additional
written notifications disclosing all changes in membership.
On May 4, 2016, fd.io 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 9,
2016 (81 FR 37211).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2017-02019 Filed 1-30-17; 8:45 am]
BILLING CODE P