Federal Trade Commission October 2011 – Federal Register Recent Federal Regulation Documents

Agency Information Collection Activities; Submission for OMB Review; Comment Request
Document Number: 2011-28044
Type: Notice
Date: 2011-10-31
Agency: Federal Trade Commission, Agencies and Commissions
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The FTC is seeking public comments on its proposal to extend through December 31, 2014, the current OMB clearance for the information collection requirements contained in its Trade Regulation Rule on Disclosure Requirements and Prohibitions Concerning Franchising (``Franchise Rule'' or ``Rule''). That clearance expires on December 31, 2011.
Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program
Document Number: 2011-27944
Type: Notice
Date: 2011-10-28
Agency: Antitrust Division, Department of Justice, Federal Trade Commission, Agencies and Commissions
The FTC and DOJ (the ``Agencies'') are issuing the final Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program (the ``Policy Statement'') in conjunction with the final rule issued today by the Centers for Medicare and Medicaid Services (``CMS'') under Section 3022 of the Affordable Care Act (the Patient Protection and Affordable Care Act, Public Law 111-48, 124 Stat. 119 (2010), and the Health Care and Education Reconciliation Act of 2010, Public Law 111- 52, 124 Stat. 1029 (2010)). The final Policy Statement differs from the proposed Policy Statement issued earlier this year, 76 FR 21,894 (Apr. 19, 2011), in two significant respects. First, the entire final Policy Statement with the exception of the voluntary expedited antitrust reviewapplies to all collaborations among otherwise independent providers and provider groups that are eligible and intend, or have been approved, to participate in the Medicare Shared Savings Program (the ``Shared Savings Program''); its applicability is no longer limited to those collaborations formed after March 23, 2010, the date on which the Patient Protection and Affordable Care Act was enacted. Second, because the Shared Savings Program final rule will no longer require a mandatory antitrust review for certain collaborations as a condition of entry into the Shared Savings Program, the final Policy Statement no longer contains provisions relating to mandatory antitrust review. However, as discussed in the final rule, the Agencies will continue to protect competition in markets served by accountable care organizations (``ACOs'') that participate in the Shared Savings Program, aided by data and information from CMS that will assist the Agencies in monitoring the competitive effects of ACOs. Specifically, CMS will provide the Agencies with aggregate claims data regarding allowed charges and fee-for-service payments for all ACOs accepted into the Shared Savings Program and also with copies of all of the applications to the Shared Savings Program of ACOs formed after March 23, 2010. The Agencies will vigilantly monitor complaints about an ACO's formation or conduct and take whatever enforcement action may be appropriate. Additionally, upon request, the Agencies will provide an expedited 90 day review for newly formed ACOs that wish to obtain additional antitrust guidance.
Sunshine Act Meeting Notice
Document Number: 2011-27261
Type: Notice
Date: 2011-10-24
Agency: Federal Trade Commission, Agencies and Commissions
Teva Pharmaceutical Industries Ltd. and Cephalon, Inc.; Analysis of Agreement Containing Consent Orders To Aid Public Comment
Document Number: 2011-26970
Type: Notice
Date: 2011-10-19
Agency: Federal Trade Commission, Agencies and Commissions
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules
Document Number: 2011-26796
Type: Notice
Date: 2011-10-18
Agency: Federal Trade Commission, Agencies and Commissions
Commission Approval of Divestiture Agreements
Document Number: 2011-26463
Type: Rule
Date: 2011-10-14
Agency: Federal Trade Commission, Agencies and Commissions
This final rule clarifies the process whereby the FTC will consider for approval a modification to a divestiture agreement, which agreement the Commission has either previously approved or incorporated by reference into a final order. As described fully below, the final rule delegates to certain senior staff at the Commission the authority, following notice to the Commissioners, to waive formal application to the Commission for approval of certain modifications, and to waive the otherwise required period for public comment; the delegation will streamline the process for approval of ministerial and other minor contract modifications that will not diminish the Commission's order.
Phusion Projects, LLC, et al.; Analysis of Proposed Consent Order To Aid Public Comment
Document Number: 2011-25884
Type: Notice
Date: 2011-10-06
Agency: Federal Trade Commission, Agencies and Commissions
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.