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Federal Register / Vol. 60, No. 128 / Wednesday, July 5, 1995 / Notices the Agreement and Proposed Order Or to (Sec

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Federal Register / Vol. 60, No. 128 / Wednesday, July 5, 1995 / Notices the Agreement and Proposed Order Or to (Sec 35032 Federal Register / Vol. 60, No. 128 / Wednesday, July 5, 1995 / Notices the agreement and proposed order or to (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret modify in any way their terms. or apply sec. 5, 38 Stat. 719, as amended; sec. or apply sec. 5, 38 Stat. 719, as amended; sec. Donald S. Clark, 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) Secretary. Donald S. Clark, Donald S. Clark, [FR Doc. 95±16447 Filed 7±3±95; 8:45 am] Secretary. Secretary. [FR Doc. 95±16452 Filed 7±3±95; 8:45 am] BILLING CODE 6750±01±M [FR Doc. 95±16451 Filed 7±3±95; 8:45 am] BILLING CODE 6750±01±M BILLING CODE 6750±01±M [Dkt. C±3579] [File No. 951±0064] [Dkt. C±3584] Service Corporation International; Silicon Graphics, Inc.; Proposed Prohibited Trade Practices, and Schwegmann Giant Super Markets, Consent Agreement With Analysis To Affirmative Actions Inc.; Prohibited Trade Practices, and Aid Public Comment Affirmative Corrective Actions AGENCY: Federal Trade Commission. AGENCY: Federal Trade Commission. AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. ACTION: Consent order. ACTION: Consent order. SUMMARY: In settlement of alleged SUMMARY: In settlement of alleged violations of federal law prohibiting violations of federal law prohibiting SUMMARY: In settlement of alleged unfair acts and practices and unfair unfair acts and practices and unfair violations of federal law prohibiting methods of competition, this consent methods of competitionÐin connection unfair acts and practices and unfair agreement, accepted subject to final with Service Corporation International's methods of competitionÐin connection Commission approval, would require, acquisition of Uniservice CorporationÐ with Schwegmann's proposed among other things, a Mountain View, this consent order requires, among other acquisition of supermarkets owned by California company to take steps to things, the Texas corporation to divest, National Holdings, Inc.Ðthis consent ensure that companies other than the to a Commission-approved acquirer, the order requires among other things, the two it is acquiring can develop and sell Uniservice Corporation assets and Louisiana-based corporation to divest, entertainment graphics software and the businesses in Medford, Oregon, within within twelve months, seven stores in workstations to run it to produce twelve months or transfer responsibility the New Orleans area to Commission- sophisticated computer-based graphics for the divestiture to a trustee appointed approved purchasers, and requires the for the entertainment industry. by the Commission, and to obtain prior respondent, for ten years, to obtain DATES: Comments must be received on Commission approval, for a period of Commission approval before acquiring or before September 5, 1995. ten years, before acquiring any interest an interest in a supermarket, or another ADDRESSES: Comments should be in funeral establishments or cemeteries entity that operates a supermarket, in directed to: FTC/Office of the Secretary, in Jackson County, Oregon. the relevant area. Room 159, 6th Street and Pennsylvania DATES: Complaint and Order issued May DATES: Complaint and Order issued June Avenue NW., Washington, DC 20580. 16, 1995.1 2, 1995.1 FOR FURTHER INFORMATION CONTACT: Mary Lou Steptoe, FTC/H±374, FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Washington, DC 20580. (202) 326±2584 K. Shane Woods or Charles A. Harwood, Ronald Rowe, FTC/S±2105, or Howard Morse, FTC/S±3627, FTC/Seattle Regional Office, 2806 Washington, D.C. 20580. (202) 326± Washington, DC 20580. (202) 326±6320. 2610. Federal Bldg., 915 Second Ave., Seattle, SUPPLEMENTARY INFORMATION: Pursuant WA 98174 (206) 220±6350. SUPPLEMENTARY INFORMATION: On to section 6(f) of the Federal Trade SUPPLEMENTARY INFORMATION: On Wednesday, March 15, 1995, there was Commission Act, 38 Stat. 721, 15 U.S.C. Thursday, March 9, 1995, there was published in the Federal Register, 60 FR 46 and § 2.34 of the Commission's rules published in the Federal Register, 60 FR 13993, a proposed consent agreement of practice (16 CFR 2.34), notice is 12955, a proposed consent agreement with analysis In the Matter of hereby given that the following consent with analysis In the Matter of Service Schwegmann Giant Super Markets, Inc., agreement containing a consent order to Corporation International, for the for the purpose of soliciting public cease and desist, having been filed with purpose of soliciting public comment. comment. Interested parties were given and accepted, subject to final approval, Interested parties were given sixty (60) sixty (60) days in which to submit by the Commission, has been placed on days in which to submit comments, comments, suggestions or objections the public record for a period of sixty suggestions or objections regarding the regarding the proposed form of the (60) days. Public comment is invited. proposed form of the order. order. Such comments or views will be No comments having been received, No comments having been received, considered by the Commission and will the Commission has ordered the the Commission has ordered the be available for inspection and copying issuance of the complaint in the form issuance of the complaint in the form at its principal office in accordance with contemplated by the agreement, made contemplated by the agreement, made § 4.9(b)(6)(ii) of the Commission's rules its jurisdictional findings and entered its jurisdictional findings and entered of practice (16 CFR 4.9(b)(6)(ii)). an order divest, as set forth in the an order to divest, as set forth in the Agreement Containing Consent Order proposed consent agreement, in proposed consent agreement, in The Federal Trade Commission disposition of this proceeding. disposition of this proceeding. (``Commission'') having initiated an investigation of the proposed 1 Copies of the Complaint and the Decision and 1 Copies of the Complaint and the Decision and Order are available from the Commission's Public Order are available from the Commission's Public acquisition by Silicon Graphics, Inc. Reference Branch, H±130, 6th Street & Pennsylvania Reference Branch, H±130, 6th Street & Pennsylvania (``SGI'') of the stock of Alias Research Avenue, N.W., Washington, D.C. 20580. Avenue NW., Washington, D.C. 20580. Inc. (``Alias''), and the stock of Federal Register / Vol. 60, No. 128 / Wednesday, July 5, 1995 / Notices 35033 Wavefront Technologies, Inc. issue its Complaint corresponding in F. ``Entertainment Software'' means (``Wavefront''), and it now appearing form and substance with the draft of modelling, animation, rendering, that SGI is willing to enter into an Complaint and its decision containing compositing and painting software, as Agreement Containing Consent Order the following Order in disposition of the individual software programs or in (``Agreement'') to port certain computer proceeding, and (2) make information combination, used in the production of software to a computer system other public with respect thereto. When so two-dimensational or three-dimensional than that of SGI, to establish and entered, the Order shall have the same images for film, video, electronic games, maintain an open architecture for SGI force and effect and may be altered, interactive programming, or other computers, and to provide for other modified, or set aside in the same entertainment or educational uses, that relief, manner and within the same time compete with Entertainment Products or It is hereby agreed by and between provided by statute for other orders. The with any component thereof. SGI, by its duly authorized officers and Order shall become final upon service. G. ``Porting Agreement'' means an its attorneys, and counsel for the Delivery by the United States Postal agreement between Respondent and a Commission that: Service of the complaint and decision Platform Partner, entered in good fatih, 1. Proposed respondent SGI is a containing the agreed-to Order to SGI's to work together to port the corporation organized, existing, and address as stated in this Agreement Entertainment Products to be doing business under and by virtue of shall constitute service. SGI waives any compatible with the Platform Partner's the laws of the State of Delaware, with right it may have to any other manner computer systems in their supported its office and principal place of business of service. The Complaint may be used configurations and with associated located at 2011 North Shoreline in construing the terms of the Order, peripherals, which agreement shall Boulevard, Mountain View, California, and no agreement, understanding, provide, among other things, that 94043. representation, or interpretation not Respondent shall use reasonable best 2. SGI admits all the jurisdictional contained in the Order or the Agreement efforts to optimize the operation of the facts set forth in the draft of Complaint. may be used to vary or contradict the Entertainment Products in the context of 3. SGI waives: terms of the Order. the Platform Partner's computer (a) Any further procedural steps; 7. SGI has read the proposed systems; and which Agreement shall (b) The requirement that the Complaint and Order contemplated provide that the porting shall occur as Commission's decision contain a hereby. It understands that once the soon as reasonably practicable after the statement of findings of fact and Order has been issued, it will be Porting Agreement is entered and conclusions of law; required to file one or more compliance receives the approval of the (c) All rights to seek judicial review reports showing it has fully complied Commission; and which agreement shall or otherwise to challenge or contest the with the Order. SGI further understands state the method in which the ported validity of the Order entered pursuant to that it may be liable for civil penalties Entertainment Products shall be sold this Agreement; and in the amount provided by law for each and marketed on terms competitive with (d) Any claim under the Equal Access those applicable to Entertainment to Justice Act.
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