Notice Pursuant to the National Cooperative Research and Production Act of 1993-FD.IO Project, Inc., 8857-8858 [2017-02019]

Download as PDF 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 VerDate Sep<11>2014 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] BILLING CODE 4410–11–P Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2017–02023 Filed 1–30–17; 8:45 am] BILLING CODE P 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, PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 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 E:\FR\FM\31JAN1.SGM 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] BILLING CODE P 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 http://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 VerDate Sep<11>2014 18:22 Jan 30, 2017 Jkt 241001 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 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 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 E:\FR\FM\31JAN1.SGM 31JAN1

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