Notice Pursuant to the National Cooperative Research and Production Act of 1993-Automotive Cybersecurity Industry Consortium, 34764-34765 [2020-12295]
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khammond on DSKJM1Z7X2PROD with NOTICES
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Notices
settlements,’’ contrary to congressional
intent. Id. at 1456. ‘‘The Tunney Act
was not intended to create a
disincentive to the use of the consent
decree.’’ Id.
The United States’ predictions about
the efficacy of the remedy are to be
afforded deference by the Court. See,
e.g., Microsoft, 56 F.3d at 1461
(recognizing courts should give ‘‘due
respect to the Justice Department’s . . .
view of the nature of its case’’); United
States v. Iron Mountain, Inc., 217 F.
Supp. 3d 146, 152–53 (D.D.C. 2016) (‘‘In
evaluating objections to settlement
agreements under the Tunney Act, a
court must be mindful that [t]he
government need not prove that the
settlements will perfectly remedy the
alleged antitrust harms[;] it need only
provide a factual basis for concluding
that the settlements are reasonably
adequate remedies for the alleged
harms.’’) (internal citations omitted);
United States v. Republic Servs., Inc.,
723 F. Supp. 2d 157, 160 (D.D.C. 2010)
(noting ‘‘the deferential review to which
the government’s proposed remedy is
accorded’’); United States v. ArcherDaniels-Midland Co., 272 F. Supp. 2d 1,
6 (D.D.C. 2003) (‘‘A district court must
accord due respect to the government’s
prediction as to the effect of proposed
remedies, its perception of the market
structure, and its view of the nature of
the case.’’). The ultimate question is
whether ‘‘the remedies [obtained by the
Final Judgment are] so inconsonant with
the allegations charged as to fall outside
of the ‘reaches of the public interest.’ ’’
Microsoft, 56 F.3d at 1461 (quoting W.
Elec. Co., 900 F.2d at 309).
Moreover, the Court’s role under the
APPA is limited to reviewing the
remedy in relationship to the violations
that the United States has alleged in its
complaint, and does not authorize the
Court to ‘‘construct [its] own
hypothetical case and then evaluate the
decree against that case.’’ Microsoft, 56
F.3d at 1459; see also U.S. Airways, 38
F. Supp. 3d at 75 (noting that the court
must simply determine whether there is
a factual foundation for the
government’s decisions such that its
conclusions regarding the proposed
settlements are reasonable); InBev, 2009
U.S. Dist. LEXIS 84787, at *20 (‘‘[T]he
‘public interest’ is not to be measured by
comparing the violations alleged in the
complaint against those the court
believes could have, or even should
have, been alleged’’). Because the
‘‘court’s authority to review the decree
depends entirely on the government’s
exercising its prosecutorial discretion by
bringing a case in the first place,’’ it
follows that ‘‘the court is only
authorized to review the decree itself,’’
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and not to ‘‘effectively redraft the
complaint’’ to inquire into other matters
that the United States did not pursue.
Microsoft, 56 F.3d at 1459–60.
In its 2004 amendments to the APPA,
Congress made clear its intent to
preserve the practical benefits of using
consent judgments proposed by the
United States in antitrust enforcement,
Public Law 108–237 § 221, and added
the unambiguous instruction that
‘‘[n]othing in this section shall be
construed to require the court to
conduct an evidentiary hearing or to
require the court to permit anyone to
intervene.’’ 15 U.S.C. 16(e)(2); see also
U.S. Airways, 38 F. Supp. 3d at 76
(indicating that a court is not required
to hold an evidentiary hearing or to
permit intervenors as part of its review
under the Tunney Act). This language
explicitly wrote into the statute what
Congress intended when it first enacted
the Tunney Act in 1974. As Senator
Tunney explained: ‘‘[t]he court is
nowhere compelled to go to trial or to
engage in extended proceedings which
might have the effect of vitiating the
benefits of prompt and less costly
settlement through the consent decree
process.’’ 119 Cong. Rec. 24,598 (1973)
(statement of Sen. Tunney). ‘‘A court
can make its public interest
determination based on the competitive
impact statement and response to public
comments alone.’’ U.S. Airways, 38 F.
Supp. 3d at 76 (citing Enova Corp., 107
F. Supp. 2d at 17).
VIII. Determinative Documents
There are no determinative materials
or documents within the meaning of the
APPA that were considered by the
United States in formulating the
proposed Final Judgment.
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Petroleum Environmental
Research Forum
Notice is hereby given that, on May
13, 2020, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Petroleum
Environmental Research Forum
(‘‘PERF’’) has filed written notifications
simultaneously 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, Suncor Energy Inc. and
Tullow Oil Plc have withdrawn as
parties 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 PERF intends
to file additional written notifications
disclosing all changes in membership.
On February 10, 1986, PERF 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 March 14, 1986 (51 FR 8903).
The last notification was filed with
the Department on February 22, 2019. A
notice was published in the Federal
Register pursuant to Section 6(h) of the
Act on March 08, 2019 (84 FR 8545).
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
Dated: May 28, 2020
Respectfully submitted,
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[FR Doc. 2020–12305 Filed 6–5–20; 8:45 am]
Jay D. Owen,
Assistant Chief.
Defense, Industrials, and Aerospace Section,
Antitrust Division, U.S. Department of
Justice, 450 Fifth St. NW, Suite 8700,
Washington, DC 205, Telephone (202) 598–
2987, Facsimile (202) 514–9033, jay.owen@
usdoj.gov.
DEPARTMENT OF JUSTICE
[FR Doc. 2020–12289 Filed 6–5–20; 8:45 am]
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Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Automotive
Cybersecurity Industry Consortium
Notice is hereby given that, on May
29, 2020, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Automotive
Cybersecurity Industry Consortium
(‘‘ACIC’’) has filed written notifications
simultaneously with the Attorney
General and the Federal Trade
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Notices
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, General Motors, LLC,
Detroit, MI and Mazda Motor of
America, Inc., Irvine, CA have
withdrawn as parties 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 ACIC intends
to file additional written notifications
disclosing all changes in membership.
On January 11, 2017, ACIC 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 February 27, 2017 (82 FR 11942).
The last notification was filed with
the Department on August 23, 2017. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on September 29, 2017 (82 FR
45611).
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
[FR Doc. 2020–12295 Filed 6–5–20; 8:45 am]
BILLING CODE 4410–11–P
DEPARTMENT OF JUSTICE
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
Antitrust Division
khammond on DSKJM1Z7X2PROD with NOTICES
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Border Security
Technology Consortium
Notice is hereby given that, on May
19, 2020, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Border Security
Technology Consortium (‘‘BSTC’’) 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, Syzygy Integration LLC,
Philadelphia, PA; Rafael System Global
Sustainment, LLC, Bethesda, MD; and
Tsymmetry, Inc., Washington, DC have
been added as parties to this venture.
Also, Garud Technology Services,
Inc., Ellicott City, MD; Megaray LLC,
New York, NY; Intel Corporation, Santa
Clara, CA; TigerSwan, Inc., Apex, NC;
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Advanced Detection Technology, LLC,
Mooresville, NC; Surface Optics
Corporation, San Diego, CA;
SecureInsights, LLC, Washington, DC;
Synapse Technology Corporation, Palo
Alto, CA; Rigaku Analytical Devices,
Inc., Wilmington, DE; Tyto Athene, LLC,
Herndon, VA; BlackSky Geospatial
Solutions, Inc., Herndon, VA; Solute,
Inc., San Diego, CA; TCOM, LP,
Columbia, MD; Michael Baker Jr., Inc.,
Phoenix, AZ; Commdex Consulting,
LLC, Norcorss, GA; Unmanned
Solutions Technology, LLC,
Beavercreek, OH; Irvine Sensors
Corporation, Costa Mesa, CA; and ITI
Solutions, Inc., San Antonio, TX have
withdrawn 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 BSTC intends
to file additional written notifications
disclosing all changes in membership.
On May 30, 2012, BSTC 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 18, 2012 (77 FR 36292).
The last notification was filed with
the Department on January 23, 2020. A
notice was published in the Federal
Register pursuant to section 6(b) of the
Act on February 27, 2020 (85 FR 11396).
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[FR Doc. 2020–12306 Filed 6–5–20; 8:45 am]
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SAR, has been added as a party to this
venture.
Also, Visteon Corporation, Van Buren
Charter Township, MI; Guangdong
Creator & FlyAudio Ele & Tech Co., Ltd.,
Dongguan, PEOPLE’S REPUBLIC OF
CHINA; Lear Corporation, Detroit, MI;
IMAGICA Lab Inc., Tokyo, JAPAN;
Skypine Electronics (Shenzhen) Co.,
Ltd., Shenzhen City, PEOPLE’S
REPUBLIC OF CHINA; and Shanghai
Epic Music Manufacturing Operations,
Shanghai, PEOPLE’S REPUBLIC OF
CHINA, have withdrawn as parties 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 DVD CCA
intends to file additional written
notifications disclosing all changes in
membership.
On April 11, 2001, DVD CCA 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 August 3, 2001 (66 FR 40727).
The last notification was filed with
the Department on December 26, 2019.
A notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on January 27, 2020 (85 FR 4705).
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
[FR Doc. 2020–12303 Filed 6–5–20; 8:45 am]
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NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
DEPARTMENT OF JUSTICE
[NARA–2020–0046]
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—DVD Copy Control
Association
Notice is hereby given that, on May
27, 2020, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), DVD Copy Control
Association (‘‘DVD CCA’’) 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,
Ultra Source Trading Hong Kong
Limited, New Territories, HONG KONG
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Public Interest Declassification Board;
Revised Bylaws
Information Security Oversight
Office, National Archives and Records
Administration.
ACTION: Notice of revised Public Interest
Declassification Board Bylaws.
AGENCY:
We are announcing revisions
to the Bylaws of the Public Interest
Declassification Board (PIDB). The
members of the PIDB approved these
revised Bylaws and we are publishing
them with this notice, in accordance
with requirements in the Bylaws. You
may also find the Bylaws on the PIDB
website.
DATES: The revised Bylaws are effective
as of June 1, 2020.
ADDRESSES: You can see these Bylaws,
as well as additional information about
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Pages 34764-34765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12295]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National Cooperative Research and
Production Act of 1993--Automotive Cybersecurity Industry Consortium
Notice is hereby given that, on May 29, 2020, pursuant to Section
6(a) of the National Cooperative Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (``the Act''), Automotive Cybersecurity Industry
Consortium (``ACIC'') has filed written notifications simultaneously
with the Attorney General and the Federal Trade
[[Page 34765]]
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, General Motors, LLC, Detroit, MI and Mazda
Motor of America, Inc., Irvine, CA have withdrawn as parties 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 ACIC intends to file additional
written notifications disclosing all changes in membership.
On January 11, 2017, ACIC 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
February 27, 2017 (82 FR 11942).
The last notification was filed with the Department on August 23,
2017. A notice was published in the Federal Register pursuant to
Section 6(b) of the Act on September 29, 2017 (82 FR 45611).
Suzanne Morris,
Chief, Premerger and Division Statistics, Antitrust Division.
[FR Doc. 2020-12295 Filed 6-5-20; 8:45 am]
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