Notice of Closed Meeting, 3742-3743 [2023-01012]
Download as PDF
<![CDATA[
3742
Federal Register / Vol. 88, No. 13 / Friday, January 20, 2023 / Notices
becomes a director, officer, or employee
with such responsibility.
Other paragraphs contain standard
provisions regarding compliance
reports, notice of changes in the
Respondents, and access to documents
and personnel.33 The term of the
proposed order is twenty years.34
By direction of the Commission,
Commissioner Wilson dissenting.
April J. Tabor,
Secretary.
Dissenting Statement of Commissioner
Christine S. Wilson
lotter on DSK11XQN23PROD with NOTICES1
Today, the Commission announced
that it has accepted, subject to final
approval, a consent agreement with
Prudential Security, Inc. The consent
resolves allegations that the use of noncompete agreements in employee
contracts constitutes an unfair method
of competition that violates Section 5 of
the FTC Act. This case, which alleges a
stand-alone violation of Section 5, is
one of the first to employ the approach
that the recently issued Section 5 Policy
Statement 1 describes. For the reasons
explained below, I dissent.
One point is worth emphasizing: my
vote to oppose issuance of the
complaint does not mean that I endorse
or condone the conduct of Prudential
Security. The company required its
security guards to sign non-compete
agreements that prohibited employees
from accepting employment with a
competing business for two years
following conclusion of their
employment with Prudential. Moreover,
a liquidated damages provision required
employees to pay Prudential $100,000
for violations of the non-compete
agreement. Based on these facts, it
seems appropriate that a Michigan state
court found that the non-compete
agreements were unreasonable and
unenforceable under state law.2
Instead, my vote reflects my
continuing disagreement with the new
Section 5 Policy Statement and its
application to these facts. When it was
issued, I expressed concern that the
Policy Statement would be used to
condemn conduct summarily as an
unfair method of competition based on
little more than the assignment of
33 Id.
§§ IV–VII.
§ X.
1 Fed. Trade Comm’n, Policy Statement Regarding
the Scope of Unfair Methods of Competition Under
Section 5 of the Federal Trade Commission Act
(Nov. 10, 2022), https://www.ftc.gov/system/files/
ftc_gov/pdf/p221202sec5enforcement
policystatement_002.pdf.
2 Complaint ¶ 22.
34 Id.
VerDate Sep<11>2014
17:29 Jan 19, 2023
Jkt 259001
adjectives.3 Unfortunately, that is the
approach taken in this case.
The Complaint offers no evidence of
anticompetitive effect in any relevant
market. According to the Complaint,
Prudential’s use of non-compete
agreements ‘‘has harmed employees’’ by
limiting their ability to work for other
firms in the security guard industry.4 It
asserts that Prudential’s use of noncompete agreements is ‘‘coercive and
exploitative’’ and ‘‘tends to negatively
affect competition conditions’’ 5—but it
appears that those ‘‘competition
conditions’’ pertain only to individual
employees. Similarly, the Complaint
offers only a conclusory assertion that
‘‘[a]ny possible legitimate objectives
. . . could have been achieved through
significantly less restrictive means,
including . . . confidentiality
agreements that prohibited disclosure of
any confidential information.’’ 6 This
assertion is unsubstantiated.
Another aspect of the case also
concerns me. This enforcement action is
designed not to provide effective relief
but instead to signal activity with
respect to non-compete agreements in
the employment arena. As the
Complaint describes, Prudential sold
the bulk of its security guard business
to another security guard company,
Titan Security Group. The former
Prudential security guards who now
work for Titan are not subject to noncompete agreements.7 Moreover, now
that Prudential no longer provides
security guard services, there is no
reason for the company to seek to
enforce non-compete agreements against
former Prudential security guards who
did not move to Titan.
I wish it were accurate to say that this
case (with apologies to Shakespeare) is
a tale of sound and fury, signifying
nothing. Unfortunately, it has great
significance: it foreshadows how the
Commission will apply the new section
5 Policy Statement. Practices that three
unelected bureaucrats find distasteful
will be labeled with nefarious adjectives
and summarily condemned, with little
to no evidence of harm to competition.
I fear the consequences for our
3 See Christine S. Wilson, Comm’r, Fed. Trade
Comm’n, Dissenting Statement Regarding the
‘‘Policy Statement Regarding the Scope of Unfair
Methods of Competition Under section 5 of the
Federal Trade Commission Act’’ (Nov. 10, 2022),
https://www.ftc.gov/system/files/ftc_gov/pdf/
P221202Section5PolicyWilsonDissentStmt.pdf.
4 Complaint ¶¶ 23, 25.
5 Complaint ¶ 29.
6 Complaint ¶ 26.
7 Complaint ¶ 16.
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
economy, and for the FTC as an
institution.
[FR Doc. 2023–01093 Filed 1–19–23; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
Revised Jurisdictional Thresholds for
Section 8 of the Clayton Act
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
The Federal Trade
Commission announces the revised
thresholds for interlocking directorates
required by the 1990 amendment of
Section 8 of the Clayton Act. Section 8
prohibits, with certain exceptions, one
person from serving as a director or
officer of two competing corporations if
two thresholds are met. Competitor
corporations are covered by Section 8 if
each one has capital, surplus, and
undivided profits aggregating more than
$10,000,000, with the exception that no
corporation is covered if the competitive
sales of either corporation are less than
$1,000,000. Section 8(a)(5) requires the
Federal Trade Commission to revise
those thresholds annually, based on the
change in gross national product. The
new thresholds, which take effect
immediately, are $45,257,000 for
Section 8(a)(1), and $4,525,700 for
Section 8(a)(2)(A).
DATES: January 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Grengs (202–326–2612),
Bureau of Competition, Office of Policy
and Coordination.
Authority: 15 U.S.C. 19(a)(5).
SUMMARY:
April J. Tabor,
Secretary.
[FR Doc. 2023–00996 Filed 1–19–23; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Notice of Closed Meeting
Pursuant to section 1009(d) of 5
U.S.C. 10, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended, and the Determination of
the Director, Strategic Business
Initiatives Unit, Office of the Chief
Operating Officer, CDC, pursuant to
Public Law 117–286. The grant
E:\FR\FM\20JAN1.SGM
20JAN1
Federal Register / Vol. 88, No. 13 / Friday, January 20, 2023 / Notices
applications and the discussions could
disclose confidential trade secrets or
commercial property such as patentable
material, and personal information
concerning individuals associated with
the grant applications, the disclosure of
which would constitute a clearly
unwarranted invasion of personal
privacy.
Name of Committee: Disease,
Disability, and Injury Prevention and
Control Special Emphasis Panel (SEP)—
RFA–CE–23–002: Grants to Support
New Investigators in Conducting
Research Related to Understanding
Polydrug Use Risk and Protective
Factors.
Date: April 11, 2023.
Time: 8:30 a.m.–5:30 p.m., EDT.
Place: Videoconference.
Agenda: To review and evaluate grant
applications.
For Further Information Contact:
Aisha L. Wilkes, M.P.H., Scientific
Review Officer, National Center for
Injury Prevention and Control, CDC,
4770 Buford Highway NE, Mailstop
S106–9, Atlanta, Georgia 30341,
Telephone: (404) 639–6473; Email:
AWilkes@cdc.gov.
The Director, Strategic Business
Initiatives Unit, Office of the Chief
Operating Officer, Centers for Disease
Control and Prevention, has been
delegated the authority to sign Federal
Register notices pertaining to
announcements of meetings and other
committee management activities, for
both the Centers for Disease Control and
Prevention and the Agency for Toxic
Substances and Disease Registry.
Kalwant Smagh,
Director, Strategic Business Initiatives Unit,
Office of the Chief Operating Officer, Centers
for Disease Control and Prevention.
3743
applications and the discussions could
disclose confidential trade secrets or
commercial property such as patentable
material, and personal information
concerning individuals associated with
the grant applications, the disclosure of
which would constitute a clearly
unwarranted invasion of personal
privacy.
Name of Committee: Disease,
Disability, and Injury Prevention and
Control Special Emphasis Panel (SEP)–
RFA–CE–23–004: Research Grants for
Preventing Violence and Violence
Related Injury.
Date: March 28–29, 2023.
Time: 8:30 a.m.–5:30 p.m., EDT.
Place: Videoconference.
Agenda: To review and evaluate grant
applications.
For Further Information Contact:
Aisha L. Wilkes, M.P.H., Scientific
Review Officer, National Center for
Injury Prevention and Control, CDC,
4770 Buford Highway NE, Mailstop
S106–9, Atlanta, Georgia 30341,
Telephone: (404)639–6473; Email:
AWilkes@cdc.gov.
The Director, Strategic Business
Initiatives Unit, Office of the Chief
Operating Officer, Centers for Disease
Control and Prevention, has been
delegated the authority to sign Federal
Register notices pertaining to
announcements of meetings and other
committee management activities, for
both the Centers for Disease Control and
Prevention and the Agency for Toxic
Substances and Disease Registry.
commercial property such as patentable
material, and personal information
concerning individuals associated with
the grant applications, the disclosure of
which would constitute a clearly
unwarranted invasion of personal
privacy.
Name of Committee: Disease,
Disability, and Injury Prevention and
Control Special Emphasis Panel (SEP)—
CE23–008, Research Grants to Develop
and Validate a Prognostic Tool of
Mental Health Sequelae After Traumatic
Brain Injury for Adolescent Patients
(U01).
Date: March 14, 2023.
Time: 8:30 a.m.–5:30 p.m., EDT.
Place: Web Conference.
Agenda: To review and evaluate grant
applications.
For Further Information Contact:
Carlisha Gentles, PharmD, BCPS,
CDCES, Scientific Review Officer,
National Center for Injury Prevention
and Control, CDC, 4770 Buford Highway
NE, Mailstop F–63, Atlanta, Georgia
30341, Telephone: (770) 488–1504;
Email: CGentles@cdc.gov.
The Director, Strategic Business
Initiatives Unit, Office of the Chief
Operating Officer, Centers for Disease
Control and Prevention, has been
delegated the authority to sign Federal
Register notices pertaining to
announcements of meetings and other
committee management activities, for
both the Centers for Disease Control and
Prevention and the Agency for Toxic
Substances and Disease Registry.
Kalwant Smagh,
Director, Strategic Business Initiatives Unit,
Office of the Chief Operating Officer, Centers
for Disease Control and Prevention.
Kalwant Smagh,
Director, Strategic Business Initiatives Unit,
Office of the Chief Operating Officer, Centers
for Disease Control and Prevention.
[FR Doc. 2023–01010 Filed 1–19–23; 8:45 am]
[FR Doc. 2023–01011 Filed 1–19–23; 8:45 am]
BILLING CODE 4163–18–P
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Food and Drug Administration
Notice of Closed Meeting
Effectiveness of Anthelmintics:
Specific Recommendations for
Products Proposed for the Prevention
of Heartworm Disease in Dogs; Draft
Guidance for Industry; Availability;
Extension of Comment Period
[FR Doc. 2023–01012 Filed 1–19–23; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
lotter on DSK11XQN23PROD with NOTICES1
Notice of Closed Meeting
Pursuant to section 1009(d) of 5
U.S.C. 10, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended, and the Determination of
the Director, Strategic Business
Initiatives Unit, Office of the Chief
Operating Officer, CDC, pursuant to
Public Law 117–286. The grant
VerDate Sep<11>2014
17:29 Jan 19, 2023
Jkt 259001
Pursuant to section 1009(d) of 5
U.S.C. 10, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended, and the Determination of
the Director, Strategic Business
Initiatives Unit, Office of the Chief
Operating Officer, CDC, pursuant to
Public Law 117–286. The grant
applications and the discussions could
disclose confidential trade secrets or
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
[Docket No. FDA–2022–D–2899]
AGENCY:
Food and Drug Administration,
HHS.
Notice of availability; extension
of comment period.
ACTION:
The Food and Drug
Administration (FDA or the Agency) is
extending the comment period for the
notice announcing the availability of a
SUMMARY:
E:\FR\FM\20JAN1.SGM
20JAN1
]]>Agencies
[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Notices]
[Pages 3742-3743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01012]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Notice of Closed Meeting
Pursuant to section 1009(d) of 5 U.S.C. 10, notice is hereby given
of the following meeting.
The meeting will be closed to the public in accordance with the
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5
U.S.C., as amended, and the Determination of the Director, Strategic
Business Initiatives Unit, Office of the Chief Operating Officer, CDC,
pursuant to Public Law 117-286. The grant
[[Page 3743]]
applications and the discussions could disclose confidential trade
secrets or commercial property such as patentable material, and
personal information concerning individuals associated with the grant
applications, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy.
Name of Committee: Disease, Disability, and Injury Prevention and
Control Special Emphasis Panel (SEP)--RFA-CE-23-002: Grants to Support
New Investigators in Conducting Research Related to Understanding
Polydrug Use Risk and Protective Factors.
Date: April 11, 2023.
Time: 8:30 a.m.-5:30 p.m., EDT.
Place: Videoconference.
Agenda: To review and evaluate grant applications.
For Further Information Contact: Aisha L. Wilkes, M.P.H.,
Scientific Review Officer, National Center for Injury Prevention and
Control, CDC, 4770 Buford Highway NE, Mailstop S106-9, Atlanta, Georgia
30341, Telephone: (404) 639-6473; Email: [email protected].
The Director, Strategic Business Initiatives Unit, Office of the
Chief Operating Officer, Centers for Disease Control and Prevention,
has been delegated the authority to sign Federal Register notices
pertaining to announcements of meetings and other committee management
activities, for both the Centers for Disease Control and Prevention and
the Agency for Toxic Substances and Disease Registry.
Kalwant Smagh,
Director, Strategic Business Initiatives Unit, Office of the Chief
Operating Officer, Centers for Disease Control and Prevention.
[FR Doc. 2023-01012 Filed 1-19-23; 8:45 am]
BILLING CODE 4163-18-P
