Government in the Sunshine Act Meeting Notice, 14674-14675 [2019-07329]
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Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Notices
of all persons, or their representatives,
who are parties to the investigations.
Background
On February 19, 2019, AdvanSix Inc.,
Parsippany, New Jersey, Altivia
Petrochemicals, LLC, Haverhill, Ohio,
and Olin Corporation, Clayton, Missouri
filed a petition with the Commission
and Commerce, alleging that an industry
in the United States is materially
injured by reason of LTFV imports of
acetone from Belgium, Korea, Saudi
Arabia, Singapore, South Africa, and
Spain. Accordingly, effective February
19, 2019, the Commission, pursuant to
section 733(a) of the Act (19 U.S.C.
1673b(a)), instituted antidumping duty
Investigation Nos. 731–TA–1435–1440
(Preliminary).
Notice of the institution of the
Commission’s investigation and of a
public conference to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register of February 28, 2019
(84 FR 6819). The conference was held
in Washington, DC, on March 12, 2019,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission made these
determinations pursuant to section
733(a) of the Act (19 U.S.C. 1673b(a)). It
completed and filed its determinations
in these investigations on April 5, 2019.
The views of the Commission are
contained in USITC Publication 4884
(April 2019), entitled Acetone from
Belgium, Korea, Saudi Arabia,
Singapore, South Africa, and Spain:
Investigation Nos. 731–TA–1435–1440
(Preliminary).
By order of the Commission.
Issued: April 5, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–07153 Filed 4–10–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
amozie on DSK9F9SC42PROD with NOTICES
[Investigation No. 337–TA–1129]
Certain Lithography Machines and
Systems and Components Thereof (II);
Commission Determination Not To
Review an Initial Determination
Terminating the Investigation Based
on Settlement; Termination of the
Investigation
U.S. International Trade
Commission.
AGENCY:
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ACTION:
Notice.
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 17) issued by the presiding
administrative law judge (‘‘ALJ’’) that
terminates the above-captioned
investigation based on settlement. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–5468. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
internet server (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on August 21, 2018, based on a
complaint filed by Carl Zeiss SMT
GmbH of Oberkochen, Germany
(‘‘Zeiss’’). 83 FR 42316–17. The
complaint, as supplemented, alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain lithography
machines and systems and components
thereof that infringe certain claims of
U.S. Patent Nos. 7,929,115, 8,441,613,
and 9,052,609. Id. The Commission’s
notice of investigation named as
respondents Nikon Corporation of
Tokyo, Japan; Nikon Research
Corporation of America of Belmont,
California; and Nikon Precision Inc. of
Belmont, California (collectively,
‘‘Nikon’’). Id. at 42317. The Office of
Unfair Import Investigations is not
participating in this investigation. Id.
On February 22, 2019, Zeiss and
Nikon filed a joint motion to terminate
the investigation based on a settlement
agreement. The parties supplied the
settlement agreement and indicated that
there are no other agreements related to
the subject matter of the investigation.
SUMMARY:
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On March 18, 2019, the ALJ granted
the motion pursuant to Commission
Rule 210.21(b) (19 CFR 210.21(b)). The
ALJ found that the motion complied
with Rule 210.21(b) and that there is no
evidence that the settlement has any
adverse effect on the public interest. No
petitions for review of the ID were
received.
The Commission has determined not
to review the subject ID. The
investigation is hereby terminated.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: April 5, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–07145 Filed 4–10–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–19–011]
Government in the Sunshine Act
Meeting Notice
United
States International Trade Commission.
AGENCY HOLDING THE MEETING:
TIME AND DATE:
April 19, 2019 at 11:00
a.m.
Room 101, 500 E Street SW,
Washington, DC 20436, Telephone:
(202) 205–2000.
PLACE:
STATUS:
Open to the public.
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote on Inv. Nos. 701–TA–620 and
731–TA–1445 (Preliminary) (Wooden
Cabinets and Vanities from China). The
Commission is currently scheduled to
complete and file its determinations on
April 22, 2019; views of the
Commission are currently scheduled to
be completed and filed on April 29,
2019.
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
By order of the Commission.
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Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Notices
Issued: April 9, 2019.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2019–07329 Filed 4–9–19; 4:15 pm]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
United States et al. v. The CharlotteMecklenburg Hospital Authority, d/b/a
Carolinas Healthcare System;
Response to Public Comment
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16(b)–(h), that one comment
was received concerning the proposed
Final Judgment in this case, and that
comment together with the Response of
the United States to Public Comment
have been filed with the United States
District Court for the Western District of
North Carolina in United States and
State of North Carolina. v. The
Charlotte-Mecklenburg Hospital
Authority, d/b/a Carolinas HealthCare
System, Civil Action No. 3:16–cv–
00311–RJC–DCK. Copies of the
comment and the United States’
Response are available for inspection on
the Antitrust Division’s website at
https://www.justice.gov/atr and at the
Office of the Clerk of the United States
District Court for the Western District of
North Carolina. Copies of these
materials may be obtained from the
Antitrust Division upon request and
payment of the copying fee set by
Department of Justice regulations.
Patricia A. Brink,
Director of Civil, Enforcement.
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF
NORTH CAROLINA CHARLOTTE
DIVISION
amozie on DSK9F9SC42PROD with NOTICES
United States of America and the State of
North Carolina, Plaintiffs, v. The CharlotteMecklenburg Hospital Authority, d/b/a
Carolinas Healthcare System, Defendant.
Case No. 3:16–cv–00311–RJC–DCK
Judge Robert J. Conrad, Jr.
RESPONSE OF PLAINTIFF UNITED
STATES TO PUBLIC COMMENT ON
THE PROPOSED FINAL JUDGMENT
As required by the Antitrust
Procedures and Penalties Act (the
‘‘APPA’’ or ‘‘Tunney Act’’), 15 U.S.C. §§
16(b)–(h), the United States hereby
responds to the one public comment
received by the United States about the
proposed Final Judgment in this case.
After careful consideration of the
comment submitted, the United States
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continues to believe that the proposed
remedy will address the harm alleged in
the Complaint and is therefore in the
public interest. The proposed Final
Judgment will prevent Atrium from
impeding insurers’ steered plans and
transparency initiatives and restore
competition among healthcare providers
in the Charlotte area. The United States
will move the Court for entry of a
modified proposed Final Judgment 1
after this response and the public
comment have been published in the
Federal Register, pursuant to 15 U.S.C.
§ 16(d).
I. Procedural History
On June 9, 2016, the United States
and the State of North Carolina filed a
civil antitrust lawsuit against The
Charlotte-Mecklenburg Hospital
Authority, formerly known as Carolinas
HealthCare System and now doing
business as Atrium Health (‘‘Atrium’’),
to enjoin it from using steering
restrictions in its agreements with
health insurers in the Charlotte, North
Carolina area. The Complaint alleges
that Atrium’s steering restrictions are
anticompetitive and violate Section 1 of
the Sherman Act, 15 U.S.C. § 1.
After over two years of litigation, on
November 15, 2018, the United States
filed a proposed Final Judgment and a
Stipulation signed by the parties that
consents to entry of the proposed Final
Judgment after compliance with the
requirements of the Tunney Act. (Dkt.
No. 87-1.) On December 4, 2018, the
United States filed a Competitive Impact
Statement describing the proposed Final
Judgment. (Dkt. No. 89.) The United
States caused the Complaint, the
proposed Final Judgment, and the
Competitive Impact Statement to be
published in the Federal Register on
December 11, 2018, see 83 Fed. Reg.
63,674, and caused notice regarding the
same, together with directions for the
submission of written comments
relating to the proposed Final Judgment,
to be published in The Charlotte
Observer and The Washington Post for
seven days beginning on December 7,
2018, and ending on December 13, 2018.
1 During the December 13, 2018 hearing in this
matter, the Court raised concerns regarding certain
aspects of Paragraph IX(B) of the proposed Final
Judgment. The United States and Atrium have
agreed to modify the proposed Final Judgment to
address the Court’s concerns. The modifications do
not alter the structure or substance of the remedy
and will not materially affect Atrium’s obligations
and therefore do not require an additional notice
and comment period under the Tunney Act, 15
U.S.C. § 16. The United States will describe in
detail the parties’ agreed-upon modifications and
discuss how those modifications address the
Court’s concerns regarding Paragraph IX(B) in its
forthcoming motion for entry of the modified
proposed Final Judgment.
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14675
The 60-day period for public comment
ended on February 11, 2019. The United
States received only one comment,
which is described below in Section IV,
and attached as Exhibit A hereto.
II. Standard of Judicial Review
The Clayton Act, as amended by the
APPA, requires that proposed consent
judgments in antitrust cases brought by
the United States be subject to a 60-day
comment period, after which the court
shall determine whether entry of the
proposed Final Judgment ‘‘is in the
public interest.’’ 15 U.S.C. § 16(e)(1). In
making that determination, the court, in
accordance with the statute as amended
in 2004, is required to consider:
(A) the competitive impact of such judgment,
including termination of alleged
violations, provisions for enforcement
and modification, duration of relief
sought, anticipated effects of alternative
remedies actually considered, whether
its terms are ambiguous, and any other
competitive considerations bearing upon
the adequacy of such judgment that the
court deems necessary to a
determination of whether the consent
judgment is in the public interest; and
(B) the impact of entry of such judgment
upon competition in the relevant market
or markets, upon the public generally
and individuals alleging specific injury
from the violations set forth in the
complaint including consideration of the
public benefit, if any, to be derived from
a determination of the issues at trial.
15 U.S.C. § 16(e)(1)(A) & (B). In
considering these statutory factors, the
court’s inquiry is necessarily a limited
one as the government is entitled to
‘‘broad discretion to settle with the
defendant within the reaches of the
public interest.’’ United States v.
Microsoft Corp., 56 F.3d 1448, 1461
(D.C. Cir. 1995); see generally United
States v. SBC Commc’ns, Inc., 489 F.
Supp. 2d 1 (D.D.C. 2007) (assessing
public-interest standard under the
Tunney Act); United States v.
Charleston Area Med. Ctr., No. 2:163664, 2016 WL 6156172, at *2 (S.D. W.
Va. Oct. 21, 2016) (noting that in
evaluating whether the proposed final
judgment is in the public interest, the
inquiry is ‘‘a narrow one’’ and only
requires the court to determine if the
remedy effectively addresses the harm
identified in the complaint); United
States v. U.S. Airways Grp., Inc., 38 F.
Supp. 3d 69, 75 (D.D.C. 2014)
(explaining that the ‘‘court’s inquiry is
limited’’ in Tunney Act settlements);
United States v. InBev N.V./S.A., No.
08-1965 (JR), 2009 U.S. Dist. LEXIS
84787, at *3 (D.D.C. Aug. 11, 2009)
(noting that the court’s review of a
consent judgment is limited and only
inquires ‘‘into whether the government’s
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]]>Agencies
[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Notices]
[Pages 14674-14675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07329]
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INTERNATIONAL TRADE COMMISSION
[USITC SE-19-011]
Government in the Sunshine Act Meeting Notice
Agency Holding the Meeting: United States International Trade
Commission.
Time and Date: April 19, 2019 at 11:00 a.m.
Place: Room 101, 500 E Street SW, Washington, DC 20436, Telephone:
(202) 205-2000.
Status: Open to the public.
Matters to be Considered:
1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote on Inv. Nos. 701-TA-620 and 731-TA-1445 (Preliminary)
(Wooden Cabinets and Vanities from China). The Commission is currently
scheduled to complete and file its determinations on April 22, 2019;
views of the Commission are currently scheduled to be completed and
filed on April 29, 2019.
5. Outstanding action jackets: None.
In accordance with Commission policy, subject matter listed above,
not disposed of at the scheduled meeting, may be carried over to the
agenda of the following meeting.
By order of the Commission.
[[Page 14675]]
Issued: April 9, 2019.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2019-07329 Filed 4-9-19; 4:15 pm]
BILLING CODE 7020-02-P
