Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Notices 45451

Environmental Protection Agency, 1200 Contact Person for More Information: instead be filed in electronic form by Pennsylvania Avenue, NW.; Ariel Rios Stephen Llewellyn, Executive Officer on following the instructions on the web- North, Room 6450EE, telephone (202) 663–4070. based form at (http:// number: (202) 564–1974; fax number: Dated: July 30, 2008. secure.commentworks.com/ftc- (202) 564–2625; e-mail address: Stephen Llewellyn, McCormick). To ensure that the [email protected]. General Commission considers an electronic Executive Officer, Executive Secretariat. information on 40 CFR 300, Subpart J comment, you must file it on that web- and the NCP Product Schedule can be [FR Doc. E8–17854 Filed 8–4–08; 8:45 am] based form. BILLING CODE 6570–01–P found on the NCP Product Schedule The FTC Act and other laws the Web site at http://www.epa.gov/ Commission administers permit the emergencies/content/ncp/index.htm. FEDERAL TRADE COMMISSION collection of public comments to Dated: July 30, 2008. consider and use in this proceeding as Deborah Y. Dietrich, [File No. 081 0045] appropriate. All timely and responsive Director, Office of Emergency Management, public comments, whether filed in McCormick & Company, Incorporated; Office of Solid Waste and Emergency paper or electronic form, will be Analysis of the Proposed Consent Response. considered by the Commission, and will Orders to Aid Public Comment [FR Doc. E8–17929 Filed 8–4–08; 8:45 am] be available to the public on the FTC BILLING CODE 6560–50–P AGENCY: Federal Trade Commission. website, to the extent practicable, at ACTION: Proposed Consent Agreement. www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove EQUAL EMPLOYMENT OPPORTUNITY SUMMARY: The consent agreement in this home contact information for COMMISSION matter settles alleged violations of individuals from the public comments it federal law prohibiting unfair or receives before placing those comments Equal Employment Opportunity deceptive acts or practices or unfair on the FTC website. More information, Commission Meeting methods of competition. The attached including routine uses permitted by the Analysis to Aid Public Comment Privacy Act, may be found in the FTC’s Date and Time: Wednesday, August 6, describes both the allegations in the privacy policy, at (http://www.ftc.gov/ 2008, 1 p.m. Eastern Time. draft complaint and the terms of the ftc/privacy.shtm). Place: Clarence M. Mitchell, Jr. consent order — embodied in the Conference Room on the Ninth Floor of consent agreement — that would settle FOR FURTHER INFORMATION CONTACT: Jill the EEOC Office Building, 1801 ‘‘L’’ these allegations. M. Frumin, FTC Bureau of Competition, 600 Pennsylvania Avenue, NW, Street, NW., Washington, DC 20507. DATES: Comments must be received on Washington, D.C. 20580, (202) 326- Status: Part of the meeting will be or before August 28, 2008 open to the public and part of the 2758. ADDRESSES: meeting will be closed. Interested parties are invited to submit written comments. SUPPLEMENTARY INFORMATION: Pursuant Matters To Be Considered Comments should refer to ‘‘McCormick, to section 6(f) of the Federal Trade File No. 081 0045,’’ to facilitate the Open Session Commission Act, 38 Stat. 721, 15 U.S.C. organization of comments. A comment 46(f), and § 2.34 of the Commission 1. Announcement of Notation Votes, filed in paper form should include this Rules of Practice, 16 CFR 2.34, notice is and reference both in the text and on the hereby given that the above-captioned 2. Sole Source Subscription Renewal envelope, and should be mailed or consent agreement containing a consent to LRP’s CyberFEDS on the Web. delivered to the following address: order to cease and desist, having been Closed Session Federal Trade Commission/Office of the filed with and accepted, subject to final Secretary, Room 135-H, 600 approval, by the Commission, has been Agency Adjudication and Pennsylvania Avenue, N.W., placed on the public record for a period Determination on Federal Agency Washington, D.C. 20580. Comments of thirty (30) days. The following Discrimination Complaint Appeals. containing confidential material must be Analysis to Aid Public Comment Note: In accordance with the Sunshine Act, filed in paper form, must be clearly describes the terms of the consent the open session of the meeting will be open labeled ‘‘Confidential,’’ and must agreement, and the allegations in the to public observation of the Commission’s comply with Commission Rule 4.9(c). complaint. An electronic copy of the deliberations and voting. The remainder of 16 CFR 4.9(c) (2005).1 The FTC is full text of the consent agreement the meeting will be closed. Any matter not requesting that any comment filed in package can be obtained from the FTC discussed or concluded may be carried over paper form be sent by courier or to a later meeting. (In addition to publishing Home Page (for July 30, 2008), on the notices on EEOC Commission meetings in the overnight service, if possible, because World Wide Web, at (http:// Federal Register, the Commission also U.S. postal mail in the Washington area www.ftc.gov/os/2008/07/index.htm). A provides a recorded announcement a full and at the Commission is subject to paper copy can be obtained from the week in advance on future Commission delay due to heightened security FTC Public Reference Room, Room 130- sessions.) precautions. Comments that do not H, 600 Pennsylvania Avenue, NW, Please telephone (202) 663–7100 contain any nonpublic information may Washington, D.C. 20580, either in (voice) and (202) 663–4074 (TTY) at any person or by calling (202) 326-2222. 1 The comment must be accompanied by an time for information on these meetings. explicit request for confidential treatment, Public comments are invited, and may The EEOC provides sign language including the factual and legal basis for the request, be filed with the Commission in either interpretation at Commission meetings and must identify the specific portions of the paper or electronic form. All comments for the hearing impaired. Requests for comment to be withheld from the public record. should be filed as prescribed in the The request will be granted or denied by the ADDRESSES other reasonable accommodations may Commission’s General Counsel, consistent with section above, and must be be made by using the voice and TTY applicable law and the public interest. See received on or before the date specified numbers listed above. Commission Rule 4.9(c), 16 CFR 4.9(c). in the DATES section.

VerDate Aug<31>2005 14:19 Aug 04, 2008 Jkt 214001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1 dwashington3 on PRODPC61 with NOTICES 45452 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Notices

Analysis of Agreement Containing Adolph’s brands combined sales were difficult to justify given the market Consent Order to Aid Public Comment approximately $153 million. structure and sales opportunities in the affected markets. Even if a new entrant I. Introduction III. Branded Seasoned Salt were willing to take on such The Federal Trade Commission The relevant product market in which investments, it would also face the (‘‘Commission’’) has accepted subject to to assess the competitive effects of the difficult task of convincing retailers to final approval, an Agreement proposed Acquisition is the carry its products. As a result, new entry Containing Consent Orders (‘‘Consent manufacture and sale of branded into any of these markets sufficient to Agreement’’) from McCormick & seasoned salt products. Branded achieve a significant market impact Company, Incorporated (‘‘McCormick’’ seasoned salt products include several within two years is unlikely. or ‘‘Respondent’’), which is designed to different types of spices, including V. The Terms of the Agreement remedy the anticompetitive effects that seasoned salt, garlic salt, and reduced Containing Consent Orders would otherwise result from sodium varieties. The evidence McCormick’s proposed acquisition of indicates that consumers, if faced with The proposed Consent Agreement Unilever’s Lawry’s and Adolph’s brands a five to ten percent increase in the will remedy the Proposed Acquisition’s of seasoned salt products. Under the price of branded seasoned salt, would anticompetitive effects in the relevant terms of the proposed Consent not switch to other spice blends or market. The Consent Agreement Agreement, McCormick is required to seasoning products. preserves competition in the branded divest its entire Season-All business to The relevant geographic market in seasoned salt market by requiring an up-front buyer, Morton International, which to assess the impact of the McCormick to divest its Season-All Inc (‘‘Morton’’ or ‘‘Purchaser’’). Proposed Acquisition is the United (seasoned salt spice blends) business to The proposed Consent Agreement has States. Brand equity plays a critical role an up-front buyer, Morton. The Season- been placed on the public record for in determining the competitive strength All assets include: Season-All seasoned thirty (30) days to solicit comments of a seasoned salt product. Consistent salt, Garlic Season-All seasoned salt, from interested persons. Comments with Commission findings in previous Pepper Season-All seasoned salt, Spicy received during this period will become branded consumables cases, the need Season-All seasoned salt, 25% Less part of the public record. After thirty for distribution, infrastructure, and a Sodium Season-All seasoned salt, and (30) days, the Commission will again U.S. sales force creates significant Season-All coating mix. The Commission is satisfied that review the proposed Consent Agreement impediments to the ability of foreign Morton is a well-qualified acquirer of and will decide whether it should firms to successfully and competitively sell branded seasoned salt into the the Season-All business. Morton withdraw from the proposed Consent supplies an extensive variety of salt Agreement, modify it, or make final the United States. The United States market for branded products to the food service industry. Decision and Order (‘‘Order’’). seasoned salt is highly concentrated. These products currently include table Pursuant to an Asset Purchase Today, this approximately $100 million salt, kosher salt, French fry salt, as well Agreement dated November 13, 2007 market consists of two significant as disposable shakers, portion packets, (the ‘‘Acquisition Agreement’’), branded products: Lawry’s line of water softening salts, and ice control McCormick proposes to acquire the seasoned salt products and salts. Morton has the resources, Lawry’s and Adolph’s brands of McCormick’s Season-All products. The technical skills, and experience to marinades, spice, and seasoning Proposed Acquisition would ensure the continued success of the products (‘‘Lawry’s’’) from Unilever significantly increase market Season-All business. N.V., a Netherlands corporation, for concentration and eliminate substantial The proposed Consent Agreement approximately $605 million in cash. competition between the only two requires that the divestitures occur no The Commission’s complaint alleges significant suppliers of branded later than ten (10) business days after that the Proposed Acquisition, if seasoned salt products in the United the acquisition is consummated. consummated, would violate Section 7 States. As a result of the acquisition, However, if McCormick divests the of the Clayton Act, as amended, 15 McCormick would account for nearly Season-All business to Morton during U.S.C. § 18, and Section 5 of the Federal 80% of the sales of branded seasoned the public comment period, and if, at Trade Commission Act, as amended, 15 salt products in the United States. the time the Commission decides to U.S.C. § 45, by lessening competition in Consumers have benefitted from the make the order final, the Commission the market for branded seasoned salt in competition between McCormick and notifies Respondent that Purchaser is the United States. Lawry’s on pricing, discounts, not an acceptable acquirer or that the II. Description of the Parties promotional trade spending, and asset purchase agreement with product innovation. Thus, unremedied, Purchaser is not an acceptable manner McCormick is a corporation the proposed acquisition likely would of divestiture, then Respondent must organized, existing, and doing business cause significant anticompetitive harm immediately rescind the transaction in under and by virtue of the laws of the by enabling McCormick to profit by question and divest those assets to state of Maryland. The company unilaterally raising the prices of one or another buyer within three (3) months manufactures, markets, and sells spices, both products above pre-merger levels, of the date the order becomes final. At seasonings, and flavors to grocery as well as reducing its incentives to that time, Respondent must divest those retailers and the food industry. In 2006, innovate and develop new products. assets only to an acquirer that receives McCormick’s sales were approximately the prior approval of the Commission $2.7 billion. IV. Entry and only in a manner that receives the Unilever N.V., a Netherlands Entry into this market would require prior approval of the Commission. corporation, is an international the investment of high sunk costs to, The proposed Consent Agreement manufacturer of leading brands in the among other things, develop products, also enables the Commission to appoint food, home care, and personal care establish a brand name, and provide a trustee to divest any assets identified industry, including Lawry’s and promotional funding and advertising to in the order that Respondent has not Adolph’s. In 2006, Lawry’s and support the product(s), which would be divested to satisfy the requirements of

VerDate Aug<31>2005 14:19 Aug 04, 2008 Jkt 214001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1 dwashington3 on PRODPC61 with NOTICES Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Notices 45453

the order. In addition, the order enables DEPARTMENT OF HEALTH AND Description: This proposed the Commission to seek civil penalties HUMAN SERVICES information collection activity is an against Respondent for non-compliance extension of the follow-up survey of with the order. Centers for Disease Control and faith-based and community The proposed Consent Agreement Prevention organizations participating in the further requires McCormick to maintain Compassion Capital Fund (CCF) Impact the viability of the assets identified for Disease, Disability, and Injury Prevention and Control Special Evaluation. The currently approved divestiture. Among other requirements information collection will expire on related to maintaining operations of the Emphasis Panel: Impact of Cultural December 31, 2008. This information assets, the proposed Consent Agreement and Socioeconomic Factors on Post- collection request will include the requires McCormick to: (1) maintain the Treatment Surveillance Among African viability, competitiveness, and Americans With Colorectal Cancer, agency’s request for an extension of the marketability of the assets to be Potential Extramural Project 2008–R– initial survey instruments for an divested; (2) not cause the wasting or 03 additional three years. deterioration of the assets to be The CCF evaluation is an important Notice of Cancellation: This notice divested; (3) not sell, transfer, opportunity to examine the was published in the Federal Register encumber, or otherwise impair the effectiveness of the Compassion Capital assets’ marketability or viability; (4) on July 22, 2008, Volume 73, Number 141, page 42576. The meeting Fund Demonstration program in maintain the assets consistent with past meeting its objective of improving the practices; (5) use best efforts to preserve previously scheduled to convene on August 6, 2008 has been cancelled. capacity of faith-based and community the assets’ existing relationships with organizations. The evaluation includes suppliers, customers, and employees; Contact Person for More Information: Linda Shelton, Program Specialist, selected CCF-funded intermediary and (6) keep and maintain the assets at organizations that provide capacity- inventory levels consistent with past Coordinating Center for Health and building services and the faith-based practices. Information Service, Office of the The proposed Consent Agreement Director, Centers for Disease Control and community organizations that prohibits McCormick, for ten (10) years, and Prevention, 1600 Clifton Road, NE., sought those services. The follow-up from acquiring, without providing the MS E21, Atlanta, GA 30333, Telephone survey will be used to collect Commission with prior notice, any other (404) 498–1194. information from the faith-based and seasoned salt product, or any interest in The Director, Management Analysis community based organizations on any other spice blends business. The and Services Office, has been delegated various areas of organizational capacity. provisions regarding prior notice are the authority to sign Federal Register The study design includes the random consistent with prior Orders. The notices pertaining to announcements of assignment of faith based and proposed Consent Agreement does not meetings and other committee community organizations to either a management activities, for both CDC restrict McCormick from expanding its treatment group that receives capacity- and the Agency for Toxic Substances line of spices. building services from a CCF McCormick is required to file and Disease Registry. intermediary grantee or to a control compliance reports with the Dated: July 28, 2008. group that does not. The impact of the Commission, the first of which is due Elaine L. Baker, within thirty (30) days of the date on services provided by intermediaries, Director, Management Analysis and Services primarily through sub-awards and/or which Respondent signed the proposed Office, Centers for Disease Control and Consent Agreement, and every thirty technical assistance (TA), will be Prevention. determined by comparing the changes (30) days thereafter until the [FR Doc. E8–17913 Filed 8–4–08; 8:45 am] divestitures are completed, and reported through the survey in annually for ten (10) years. BILLING CODE 4163–18–P organizational and service capacity of The purpose of this analysis is to the recipient organizations with those of facilitate public comment on the DEPARTMENT OF HEALTH AND the control group. proposed Consent Agreement, and it is HUMAN SERVICES Respondents: Faith-based and not intended to constitute an official community organizations included in interpretation of the proposed Decision Administration for Children and the CCF impact evaluation. and Order and the Order to Maintain Families Assets, or to modify their terms in any way. Proposed Information Collection By direction of the Commission. Activity; Comment Request Proposed Donald S. Clark, Projects Secretary of the Commission. Title: Compassion Capital Fund [FR Doc. E8–17868 Filed 8–4–08: 8:45 am] Impact Evaluation. [BILLING CODE 6750–01–S] OMB No.: 0970–0293.

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours Total annual respondents respondent per response burden hours

Follow-up Survey ...... 455 1 .42 191

Estimated Total Annual Burden Hours: ...... 191

VerDate Aug<31>2005 14:19 Aug 04, 2008 Jkt 214001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1 dwashington3 on PRODPC61 with NOTICES