Revised Jurisdictional Thresholds for Section 7A of the Clayton Act, 4050-4051 [2018-01579]

Download as PDF 4050 Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices a clear and conspicuous qualification appears immediately adjacent to the representation that accurately conveys the extent to which the product contains foreign parts, ingredients or components, and/or processing. Part II prohibits respondents from making any representation about any user or endorser of any product, package, certification, service, practice, or program, unless respondents disclose clearly and conspicuously any material connection between a user or endorser and (1) respondents or (2) any other individual or entity affiliated with the product or service. Part III prohibits respondents from representing, expressly or by implication, that a product or service meets respondents’ certification standard, unless: (1) An entity with no material connection to that covered entity conducted an independent and objective evaluation to confirm that the certification standard was met; or (2) respondents’ certification and marketing materials disclose clearly and conspicuously that the certification standard may be met through selfcertification. Part IV prohibits respondents from making any country-of-origin claim about a product or service unless the claim is true, not misleading, and respondents have a reasonable basis substantiating the representation. In the alternative, for country-of-origin representations made through AMM marketing materials, respondents may make such claims if (1) they neither know or have reason to know that the self-certification is misleading, and (2) disclose clearly and prominently that products or services meet the certification standard through selfcertification. Part V prohibits respondents from providing third parties with the means and instrumentalities to make the claims prohibited in Parts I, III, or IV. Parts VI through IX are reporting and compliance provisions. Part VI requires respondents to acknowledge receipt of the order, to provide a copy of the order to certain current and future principals, officers, directors, and employees, and to obtain an acknowledgement from each such person that they have received a copy of the order. Part VII requires the filing of compliance reports within one year after the order becomes final and within 14 days of any change that would affect compliance with the order. Part VIII requires respondents to maintain certain records, including records necessary to demonstrate compliance with the order. Part IX requires respondents to submit additional compliance reports when requested by the Commission and to permit the Commission or its representatives to interview respondents’ personnel. Finally, Part X is a ‘‘sunset’’ provision, terminating the order after twenty (20) years, with certain exceptions. The purpose of this analysis is to aid public comment on the proposed order. 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. 2018–01546 Filed 1–26–18; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION Revised Jurisdictional Thresholds for Section 7A of the Clayton Act Federal Trade Commission. Notice. AGENCY: ACTION: The Federal Trade Commission announces the revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 required by the 2000 amendment of Section 7A of the Clayton Act. DATES: February 28, 2018. FOR FURTHER INFORMATION CONTACT: Robert Jones, Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 400 7th Street SW, Room #5301, Washington, DC 20024, Phone (202) 326–3100. SUPPLEMENTARY INFORMATION: Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by the Hart-Scott-Rodino Antitrust Improvements Act of 1976, Public Law 94–435, 90 Stat. 1390 (‘‘the Act’’), requires all persons contemplating certain mergers or acquisitions, which meet or exceed the jurisdictional thresholds in the Act, to file notification with the Commission and the Assistant Attorney General and to wait a designated period of time before consummating such transactions. Section 7A(a)(2) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product, in accordance with Section 8(a)(5). Note that while the filing fee thresholds are revised annually, the actual filing fees are not similarly indexed and, as a result, have not been adjusted for inflation in over a decade. The new thresholds, which take effect 30 days after publication in the Federal Register, are as follows: SUMMARY: Original threshold (million) sradovich on DSK3GMQ082PROD with NOTICES Subsection of 7A 7A(a)(2)(A) ............................................................................................................................................................... 7A(a)(2)(B)(i) ............................................................................................................................................................ 7A(a)(2)(B)(i) ............................................................................................................................................................ 7A(a)(2)(B)(ii)(i) ........................................................................................................................................................ 7A(a)(2)(B)(ii)(i) ........................................................................................................................................................ 7A(a)(2)(B)(ii)(II) ....................................................................................................................................................... 7A(a)(2)(B)(ii)(II) ....................................................................................................................................................... 7A(a)(2)(B)(ii)(III) ...................................................................................................................................................... 7A(a)(2)(B)(ii)(III) ...................................................................................................................................................... Section 7A note: Assessment and Collection of Filing Fee 1 (3)(b)(1) ................................................................... Section 7A note: Assessment and Collection of Filing Fees (3)(b)(2) .................................................................... Section 7A note: Assessment and Collection of Filing Fees (3)(b)(2) .................................................................... Section 7A note: Assessment and Collection of Filing Fees (3)(b)(3) .................................................................... 1 Public Law 106–553, Sec. 630(b) amended Sec. 18a note. VerDate Sep<11>2014 18:19 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1 $200 50 200 10 100 10 100 100 10 100 100 500 500 Adjusted threshold (million) $337.6 84.4 337.6 16.9 168.8 16.9 168.8 168.8 16.9 168.8 168.8 843.9 843.9 Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices Any reference to these thresholds and related thresholds and limitation values in the HSR rules (16 CFR parts 801–803) and the Antitrust Improvements Act Notification and Report Form (‘‘the HSR Form’’) and its Instructions will also be adjusted, where indicated by the term ‘‘(as adjusted)’’, as follows: Original threshold Adjusted threshold (million) $10 million ............................ $50 million ............................ $100 million .......................... $110 million .......................... $200 million .......................... $500 million .......................... $1 billion ............................... $16.9 84.4 168.8 185.7 337.6 843.9 1,687.8 By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2018–01579 Filed 1–26–18; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION [File No. 171 0126] Seven & iHoldings Co., Ltd., a Corporation; 7-Eleven, Inc., a Corporation; and Sunoco LP, a Limited Partnership; 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 complaint and the terms of the consent orders—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before February 20, 2018. ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write: ‘‘In the Matter of Seven & iHoldings Co., Ltd. File No. 1710126’’ on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ sevensunococonsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ‘‘In the Matter of Seven & iHoldings Co., Ltd. File No. 1710126’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:19 Jan 26, 2018 Jkt 244001 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: Eric Olson (202–326–2349), 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 a 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 January 19, 2018), on the World Wide Web, at https:// www.ftc.gov/news-events/commissionactions. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before February 20, 2018. Write ‘‘In the Matter of Seven & iHoldings Co., Ltd. File No. 1710126’’ 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 website, at https://www.ftc.gov/policy/publiccomments. 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 https:// ftcpublic.commentworks.com/ftc/ sevensunococonsent 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 website. If you prefer to file your comment on paper, write ‘‘In the Matter of Seven & iHoldings Co., Ltd. File No. 1710126’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 4051 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. Because your comment will be placed on the publicly accessible FTC website at https://www.ftc.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else’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, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . is privileged or confidential’’—as provided by 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)— including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c). 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). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC website—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from the FTC website, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. E:\FR\FM\29JAN1.SGM 29JAN1

Agencies

[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4050-4051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01579]


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FEDERAL TRADE COMMISSION


Revised Jurisdictional Thresholds for Section 7A of the Clayton 
Act

AGENCY: Federal Trade Commission.

ACTION: Notice.

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

SUMMARY: The Federal Trade Commission announces the revised thresholds 
for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 required 
by the 2000 amendment of Section 7A of the Clayton Act.

DATES: February 28, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Jones, Federal Trade 
Commission, Bureau of Competition, Premerger Notification Office, 400 
7th Street SW, Room #5301, Washington, DC 20024, Phone (202) 326-3100.

SUPPLEMENTARY INFORMATION: Section 7A of the Clayton Act, 15 U.S.C. 
18a, as added by the Hart-Scott-Rodino Antitrust Improvements Act of 
1976, Public Law 94-435, 90 Stat. 1390 (``the Act''), requires all 
persons contemplating certain mergers or acquisitions, which meet or 
exceed the jurisdictional thresholds in the Act, to file notification 
with the Commission and the Assistant Attorney General and to wait a 
designated period of time before consummating such transactions. 
Section 7A(a)(2) requires the Federal Trade Commission to revise those 
thresholds annually, based on the change in gross national product, in 
accordance with Section 8(a)(5). Note that while the filing fee 
thresholds are revised annually, the actual filing fees are not 
similarly indexed and, as a result, have not been adjusted for 
inflation in over a decade. The new thresholds, which take effect 30 
days after publication in the Federal Register, are as follows:

------------------------------------------------------------------------
                                             Original        Adjusted
            Subsection of 7A                 threshold       threshold
                                             (million)       (million)
------------------------------------------------------------------------
7A(a)(2)(A).............................            $200          $337.6
7A(a)(2)(B)(i)..........................              50            84.4
7A(a)(2)(B)(i)..........................             200           337.6
7A(a)(2)(B)(ii)(i)......................              10            16.9
7A(a)(2)(B)(ii)(i)......................             100           168.8
7A(a)(2)(B)(ii)(II).....................              10            16.9
7A(a)(2)(B)(ii)(II).....................             100           168.8
7A(a)(2)(B)(ii)(III)....................             100           168.8
7A(a)(2)(B)(ii)(III)....................              10            16.9
Section 7A note: Assessment and                      100           168.8
 Collection of Filing Fee \1\ (3)(b)(1).
Section 7A note: Assessment and                      100           168.8
 Collection of Filing Fees (3)(b)(2)....
Section 7A note: Assessment and                      500           843.9
 Collection of Filing Fees (3)(b)(2)....
Section 7A note: Assessment and                      500           843.9
 Collection of Filing Fees (3)(b)(3)....
------------------------------------------------------------------------
\1\ Public Law 106-553, Sec. 630(b) amended Sec. 18a note.


[[Page 4051]]

    Any reference to these thresholds and related thresholds and 
limitation values in the HSR rules (16 CFR parts 801-803) and the 
Antitrust Improvements Act Notification and Report Form (``the HSR 
Form'') and its Instructions will also be adjusted, where indicated by 
the term ``(as adjusted)'', as follows:

------------------------------------------------------------------------
                                                             Adjusted
                   Original threshold                        threshold
                                                             (million)
------------------------------------------------------------------------
$10 million.............................................           $16.9
$50 million.............................................            84.4
$100 million............................................           168.8
$110 million............................................           185.7
$200 million............................................           337.6
$500 million............................................           843.9
$1 billion..............................................         1,687.8
------------------------------------------------------------------------


    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018-01579 Filed 1-26-18; 8:45 am]
 BILLING CODE 6750-01-P