Proposed Final Judgment, Filed Equitable Relief As the Court Deems of Alcohol, Tobacco, Firearms and the Same Time As the Complaint, Appropriate
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81968 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Notices ‘‘sixty days’’ until February 27, 2012. readily apparent and, if lost or stolen, 450 Fifth Street NW., Suite 1010, This process is conducted in accordance ATF will be immediately notified on Washington, DC 20530 (telephone: (202) with 5 CFR 1320.10. discovery of the loss or theft. ATF 514–2481), on the Department of If you have comments especially on requires that records be kept 5 years Justice’s Web site at http:// the estimated public burden or from the date a transaction occurs or www.usdoj.gov/atr, and at the Office of associated response time, suggestions, until discontinuance of business or the Clerk of the United States District or need a copy of the proposed operations by the licensee. Court for the District of Columbia. information collection instrument with (5) An estimate of the total number of Copies of these materials may be instructions or additional information, respondents and the amount of time obtained from the Antitrust Division please contact William J. Miller, estimated for an average respondent to upon request and payment of the [email protected], Chief, respond: It is estimated that 2,008 copying fee set by Department of Justice Explosives Industry Programs Branch, respondents will take 15 minutes to regulations. 99 New York Ave. NE., Washington, DC maintain each record. Public comment is invited within 60 20226. (6) An estimate of the total public days of the date of this notice. Such Written comments and suggestions burden (in hours) associated with the comments, and responses thereto, will from the public and affected agencies collection: There are an estimated be published in the Federal Register concerning the proposed collection of 130,520 annual total burden hours and filed with the Court. Comments information are encouraged. Your associated with this collection. should be directed to James J. Tierney, comments should address one or more If additional information is required Chief, Networks & Technology of the following four points: contact: Jerri Murray, Department Enforcement Section, Antitrust —Evaluate whether the proposed Clearance Officer, Policy and Planning Division, United States Department of collection of information is necessary Staff, Justice Management Division, Justice, 450 Fifth Street, NW., Suite for the proper performance of the Department of Justice, Two Constitution 7100, Washington, DC 20530 (202) 307– functions of the agency, including Square, Room 2E–508, 145 N Street NE., 6640). whether the information will have Washington, DC 20530 Patricia A. Brink, practical utility; Jerri Murray, — Evaluate the accuracy of the agencies Director of Civil Enforcement. Department Clearance Officer, PRA, U.S. UNITED STATES DISTRICT COURT FOR estimate of the burden of the Department of Justice. proposed collection of information, THE DISTRICT OF COLUMBIA including the validity of the [FR Doc. 2011–33374 Filed 12–28–11; 8:45 am] UNITED STATES OF AMERICA, methodology and assumptions used; BILLING CODE 4410–FY–P Antitrust Division —Enhance the quality, utility, and U.S. Department of Justice clarity of the information to be 450 Fifth Street NW., Suite 7100 DEPARTMENT OF JUSTICE Washington, DC 20530 collected; and Plaintiff, —Minimize the burden of the collection Antitrust Division of information on those who are to v. ¨ respond, including through the use of United States v. Deutsche Bo¨ rse AG DEUTSCHE BORSE AG, appropriate automated, electronic, Mergenthalerallee 61 and NYSE Euronext; Proposed Final 65760 Eschborn mechanical, or other technological Judgment and Competitive Impact Germany collection techniques or other forms Statement and of information technology, e.g., NYSE EURONEXT, permitting electronic submission of Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 11 Wall Street responses. New York, NY 10005 15 U.S.C. 16(b)–(h), that a proposed Summary of Information Collection Final Judgment, Stipulation and Defendants. (1) Type of Information Collection: Competitive Impact Statement have Case: 1:11–cv–02280 been filed with the United States Assigned To: Beryl A. Howard Revision of a currently approved Date: 12/22/2011 collection. District Court for the District of Description: Antitrust (2) Title of the Form/Collection: Columbia in United States of America v. Records and Supporting Data: Daily Deutsche Bo¨ rse AG and NYSE Euronext, COMPLAINT Summaries, Records of Production, Civil Action No. 1:11–cv–02280. On The United States of America, acting under Storage and Disposition and Supporting December 22, 2011, the United States the direction of the Attorney General of the Data by Explosives Manufacturers. filed a Complaint alleging that the United States, brings this civil action (3) Agency form number, if any, and proposed merger of Deutsche Bo¨rse AG pursuant to the antitrust laws of the United the applicable component of the and NYSE Euronext would violate States to enjoin the proposed merger of Deutsche Bo¨rse AG (‘‘DB’’) and NYSE Department of Justice sponsoring the Section 7 of the Clayton Act, 15 U.S.C. Euronext (‘‘NYSE’’) and to obtain such other collection: Form Number: None. Bureau 18. The proposed Final Judgment, filed equitable relief as the Court deems of Alcohol, Tobacco, Firearms and the same time as the Complaint, appropriate. The United States alleges as Explosives. requires Deutsche Bo¨rse AG’s subsidiary follows: (4) Affected public who will be asked to divest its interest in Direct Edge NATURE OF ACTION or required to respond, as well as a brief Holdings LLC within two years and to abstract: Primary: Business or other for- take the necessary steps to remove its 1. DB is among the largest operators of profit. Other: None. These records show affiliates from governance of Direct financial exchanges in the world. While most daily activities in the manufacture, use, of its businesses are in Europe, DB, through Edge. various subsidiaries, is also the largest storage, and disposition of explosive Copies of the Complaint, proposed unitholder of Direct Edge Holdings LLC materials by manufacturers. The records Final Judgment and Competitive Impact (‘‘Direct Edge’’), the fourth-largest operator of are used to show where and to whom Statement are available for inspection at stock exchanges in the United States. Direct explosive materials are sent, thereby the Department of Justice, Antitrust Edge competes head-to-head with NYSE and ensuring that any diversion will be Division, Antitrust Documents Group, is an exchange innovator, leading in VerDate Mar<15>2010 15:12 Dec 28, 2011 Jkt 226001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1 wreier-aviles on DSK3TPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Notices 81969 technology, pricing, and in the development Frankfurt-based Eurex Group, a leading and the current NYSE CEO will remain CEO of exchange models. European derivatives exchange operator. DB of the combined entity. 2. NYSE operates some of the oldest, has announced an agreement to buy the RELEVANT MARKETS largest, and most prestigious stock exchanges remaining equity in Eurex after DB completes in the United States. It stands at the center its merger with NYSE. Eurex owns Displayed Equities Trading Services International Securities Exchange Holdings, of American financial markets, with its 12. Displayed equities trading services Inc. (‘‘ISE’’), a leading options exchange in exchanges handling roughly a third of the comprise a relevant antitrust product market New York that also owns a 31.54% equity equities traded daily in the United States, and a ‘‘line of commerce’’ within the interest in Direct Edge. In 2010, DB’s and considerably more for certain equities meaning of Section 7 of the Clayton Act. subsidiaries earned substantial revenues from and certain times of day. NYSE exchanges These services include providing sales in the United States. list the vast majority of the listed exchange- mechanisms and ancillary services to 9. NYSE is a publicly traded Delaware traded products, including the majority of facilitate the public purchase and sale of corporation with its principal place of exchange-traded funds, and they supply key exchange-traded stocks (those defined as business located in New York, New York. market data to customers making investment ‘‘NMS stock’’ under Rule 600(b)(47) of The company operates financial exchanges in decisions. Regulation NMS, 17 C.F.R. § 200 et seq.). the United States and Europe. In the United 3. On February 15, 2011, NYSE and DB These services are offered mainly by national States, NYSE operates three stock exchanges: agreed to merge in a transaction worth stock exchanges registered under Section 6 of (i) the New York Stock Exchange LLC; (ii) roughly $9 billion. NYSE and DB propose to the Securities Exchange Act of 1934, 15 NYSE Arca, Inc., an all-electronic exchange; combine under a new Dutch holding U.S.C. § 78f, and also by electronic and (iii) NYSE Amex LLC, an exchange that company (‘‘NewCo’’), which would be the communications networks (‘‘ECNs’’) lists the stock of primarily small- and largest exchange group in the world, with regulated by Regulation ATS, 17 C.F.R. dual headquarters in Frankfurt and New medium-sized companies. NYSE generates § 242.300 et seq. York. NewCo would own 100% of NYSE and revenue from, among other things, listing 13. Several key attributes separate 31.54% of Direct Edge. fees, stock trading transaction fees, market displayed from undisplayed or ‘‘dark’’ 4. The proposed transaction would violate data licensing fees, and technology licensing equities trading services, including the Section 7 of the Clayton Act, 15 U.S.C. § 18, arrangements. In 2010, NYSE earned over $3 continuous pre-trade publication of the best- because it would substantially lessen billion in total revenues from within the priced quotations for buying and selling competition and potential competition in at United States. exchange-traded stocks in a national least three lines of commerce in the United 10.