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Federal Register/Vol. 65, No. 12/Wednesday Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Notices 2965 acquisition while obtaining a new federal law prohibiting unfair or from respondent Memtek Products, Inc. owner of the joint plant. The specified deceptive acts or practices or unfair (``Memtek''). relief is required to be completed within methods of competition. The attached The proposed consent order has been four months after the respondent signs analysis to Aid Public Comment placed on the public record for thirty the Consent Order agreement. In the describes both the allegations in the (30) days for reception of comments by period prior to divestiture, the draft complaint that accompanies the interested persons. Comments received respondent is required to maintain the consent agreement and the terms of the during this period will become part of viability and marketability of the consent orderÐembodied in the consent the public record. After thirty (30) days, properties, including updating the title agreementÐthat would settle these the Commission will again review the plants in the same fashion as before the allegations. agreement and the comments received acquisition and maintaining in effect all DATES: Comments must be received on and will decide whether it should user contracts and relationships. or before February 9, 2000. withdraw from the agreement or make The Consent Order includes a final the agreement's proposed order. ADDRESSES: Comments should be provision permitting the Commission to Memtek repackages, advertises, labels directed to: FTC/Office of the Secretary, appoint a trustee to accomplish the and sells, among other products, Room 159, 600 Pennsylvania Ave., NW, divestitures, sales of copies, or obtaining ``Memorex'' brand computer diskettes, Washington, DC 20580. new ownership if the specified relief is and blank audiotapes and videotapes. not accomplished by the respondent FOR FURTHER INFORMATION CONTACT: This matter concerns allegedly within the four-month period. The Michael Dershowitz or Joel Winston, deceptive rebate advertising claims Consent Order also includes a FTC/S±4002, 600 Pennsylvania Ave., made in conjunction with the sale of requirement that for ten years the NW, Washington, DC 20580. (202) 326± these products. The Commission's respondent provide the Commission 3158 or 326±3153. proposed complaint alleges that Memtek with prior notice of future title plant SUPPLEMENTARY INFORMATION: Pursuant falsely represented that purchasers of its acquisitions by the respondent in the to section 6(f) of the Federal Trade package of 100 computer diskettes counties where the specific actions are Commission Act, 38 Stat. 721, 15 U.S.C. would receive a $29.99 cash rebate required if, at the time of any such 46 and section 2.34 of the Commission's within 12 weeks of Memtek's receipt of acquisition, the respondent continues to Rules of Practice (16 CFR 2.34), notice purchasers' rebate requests. The have an interest in a title plant serving is hereby given that the above-captioned complaint alleges that in many the county. A prior notice provision is consent agreement containing a consent instances purchasers received their appropriate in this matter because the order to cease and desist, having been rebates one to two months late. The small transaction size of most filed with and accepted, subject to final complaint also alleges that Memtek individual title plant acquisition is approval, by the Commission, has been falsely represented that purchasers of its below the threshold of reportability placed on the public record for a period blank audiotapes and videotapes would under the Hart-Scott-Rodino Act of thirty (30) days. The following receive a $10 Best Buy Gift Check (Clayton Act 7A, 15 U.S.C. 18a, as Analysis to Aid Public Comment within 8 weeks of Memtek's receipt of amended) and because there is a describes the terms of the consent purchasers' gift check requests. The $10 credible risk that the respondent will, agreement, and the allegations in the Gift Check could then be used at any but for an order to the contrary, engage complaint. An electronic copy of the Best Buy retail store to obtain $10 off in otherwise unreportable, full text of the consent agreement the purchase of any pre-recorded anticompetitive mergers.1 package can be obtained from the FTC videotape or music CD. The complaint The purpose of this analysis is to Home Page (for January 10, 2000), on alleges that in many instances facilitate public comment on the the World Wide Web, at ``http:// purchasers received their $10 Gift proposed Consent Order, and it is not www.ftc.gov/os/actions97.htm.'' A Checks one to three months late. intended to constitute an official paper copy can be obtained from the The proposed consent order contains interpretation of the agreement and FTC Public Reference Room, Room H± provisions designed to prevent proposed Consent Order or to modify in 130, 600 Pennsylvania Avenue, NW, respondent from engaging in similar any way their terms. Washington, DC 20580, either in person acts and practices in the future. or by calling (202) 326±3627. Part I of the proposed order prohibits By direction of the Commission. Public comment is invited. Comments respondent from misrepresenting the Donald S. Clark, should be directed to: FTC/Office of the time in which any cash rebate, or rebate Secretary. Secretary, Room 159, 600 Pennsylvania in the form of credit towards future [FR Doc. 00±1192 Filed 1±18±00, 8:45 am] Ave., NW, Washington, DC 20580. Two purchases, will be mailed to consumers. BILLING CODE 6750±01±M paper copies of each comment should It also prohibits respondent from failing be filed, and should be accompanied, if to provide such rebates within the time possible, by a 31¤2 inch diskette specified, or if no time is specified, FEDERAL TRADE COMMISSION containing an electronic copy of the within thirty days. [File No. 992 3114] comment. Such comments or views will Part I of the proposed order also be considered by the Commission and prohibits respondent from violating any Memtek Products, Inc.; Analysis to Aid will be available for inspection and provision of the FTC's Mail Order Rule Public Comment copying at its principal office in in connection with rebates in the form accordance with section 4.9(b)(6)(ii) of of merchandise. Among other things, AGENCY: Federal Trade Commission. the Commission's rules of Practice (16 the Mail Order Rule prohibits marketers ACTION: Proposed consent agreement. CFR 4.9(b)(6)(ii)). from failing to provide rebates in the form of merchandise within the time SUMMARY: The consent agreement in this Analysis of Proposed Consent Order to they specify for delivery, or if no time matter settles alleged violations of Aid Public Comment is specified, within thirty days, unless 1 See Statement of FTC Policy Concerning Prior The Federal Trade Commission has they offer consumers the option of Approval and Prior Notice Provisions, 4 Trade Reg. accepted, subject to final approval, an consenting to a delay or canceling the Rep. (CCH) ¶13,241 (June 21, 1995). agreement containing a consent order rebate request and promptly receiving VerDate 04<JAN>2000 19:20 Jan 18, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.XXX pfrm01 PsN: 19JAN1 2966 Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Notices reasonable cash compensation instead consent agreement and the terms of the interested persons. Comments received of the merchandise originally offered. consent orderÐembodied in the consent during this period will become part of Finally, Part I of the proposed order agreementÐthat would settle these the public record. After thirty (30) days, similarly prohibits respondent from allegations. the Commission will again review the failing to provide rebates in the form of DATES: Comments must be received on agreement and the comments received services or any other consideration or before February 9, 2000. and will decide whether it should (other than cash, credit towards future ADDRESSES: Comments should be withdraw from the agreement or make purchases, or merchandise) within the directed to: FTC/Office of the Secretary, final the agreement's proposed order. time it specifies for delivery, or if no Room 159, 600 Pennsylvania Ave., NW, UMAX advertises, labels and sells time is specified, within thirty days, Washington, DC 20580. various types of computer scanners. unless it offers consumers the option of This matter concerns allegedly FOR FURTHER INFORMATION CONTACT: consenting to a delay or canceling the Michael Dershowitz or Joel Winston, deceptive rebate advertising claims rebate request and promptly receiving FTC/S±4002, 600 Pennsylvania Ave., made in conjunction with the sale of reasonable cash compensation instead NW, Washington, DC 20580. (202) 326± computer scanners. The Commission's of the rebate originally offered. 3158 or 326±3153. proposed complaint alleges that UMAX Part II of the proposed order requires falsely represented that purchasers of its SUPPLEMENTARY INFORMATION: Pursuant respondent to maintain copies of all Astra 1220P scanner, for example, to section 6(f) of the Federal Trade materials relied upon in making any would receive a $30.00 cash rebate, and Commission Act, 38 Stat. 7231, 15 representation covered by this order. that purchasers of its Astra 1220S U.S.C. 46 and section 2.34 of the Part III of the proposed order requires scanner, for example, would receive a Commission's Rules of Practice (16 CFR respondent to distribute copies of the $50.00 cash rebate, within 12 weeks of 2.34), notice is hereby given that the order to various officers, agents and UMAX's receipt of purchaser's rebate above-captioned consent agreement employees of respondent. requests. The complaint alleges that in containing a consent order to cease and Part IV of the proposed order requires many instances purchasers received desist, having been filed with and respondent to notify the Commission of their rebates one to five months late.
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