Federal Trade Commission August 2012 – Federal Register Recent Federal Regulation Documents

The Federal Trade Commission (the ``Commission'' or ``FTC'') is amending its Telemarketing Sales Rule (``TSR'') by updating the fees charged to entities accessing the National Do Not Call Registry (the ``Registry'') as required by the Do-Not-Call Registry Fee Extension Act of 2007.

The FTC intends to ask the Office of Management and Budget (``OMB'') to extend through September 30, 2015, the current Paperwork Reduction Act (``PRA'') clearance for the information collection requirements in the Health Breach Notification Rule. That clearance expires on September 30, 2012.

The FTC is extending the deadline for filing public comments on the Guides for the Jewelry, Precious Metals, and Pewter Industries.

The Commission is proposing amendments to the premerger notification rules (``the Rules'') to provide a framework for determining when a transaction involving the transfer of rights to a patent in the pharmaceutical, including biologics, and medicine manufacturing industry (North American Industry Classification System Industry Group 3254) (``pharmaceutical industry'') is reportable under the Hart Scott Rodino Act (``the Act'' or ``HSR''). The Act and Rules require the parties to certain mergers and acquisitions to file reports with the Federal Trade Commission (``the Commission'') and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General'') (collectively, ``the Agencies'') and to wait a specified period of time before consummating such transactions. The reporting and waiting period requirements are intended to enable these enforcement agencies to determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek a preliminary injunction in federal court to prevent consummation. This proposed rulemaking uses the concept of ``all commercially significant rights'' as the basis to determine whether there is a transfer of exclusive rights to a patent in the pharmaceutical industry resulting in an asset acquisition that may be reportable under the Act.

In 2003 the Federal Trade Commission issued a Policy Statement on Monetary Remedies in Competition Cases. The Commission has now withdrawn the Policy Statement.

The FTC intends to conduct an evaluation of Admongo, its advertising literacy program for children ages 8-12. The evaluation will involve a randomized controlled trial of the Admongo program involving 6,000-8,000 students. This research will be conducted to further the FTC's mission of protecting consumers from unfair and deceptive marketing. The information collection requests described below are being submitted to the Office of Management and Budget for review, as required by the Paperwork Reduction Act (``PRA'').