62778 Federal Register / Vol. 229, No. 74 / Tuesday, December 1, 2009 / Notices

Address: 2914 North Calvert Street, an individual’s Social Security Number; and at the Commission is subject to Baltimore, MD 21218. date of birth; driver’s license number or delay due to heightened security Date Revoked: October 28, 2009. other state identification number, or precautions. Reason: Failed to maintain a valid foreign country equivalent; passport The Federal Trade Commission Act bond. number; financial account number; or (‘‘FTC Act’’) and other laws the License Number: 004044NF. credit or debit card number. Comments Commission administers permit the also should not include any sensitive Name: Intermar International Inc. collection of public comments to health information, such as medical Address: 1882–90 NW 82nd Ave., consider and use in this proceeding as records or other individually Miami, FL 33126. appropriate. The Commission will Date Revoked: September 23, 2009 identifiable health information. In addition, comments should not include consider all timely and responsive (NVOCC and October 26, 2009 (OFF). public comments that it receives, Reason: Failed to maintain valid any ‘‘[t]rade secret or any commercial or whether filed in paper or electronic bonds. financial information which is obtained form. Comments received will be License Number: 003081F. from any person and which is privileged or confidential. . . .,’’ as provided in available to the public on the FTC Name: SMS Express Company, Inc. website, to the extent practicable, at dba Dyna Freight Inc. Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), (http://www.ftc.gov/os/ Address: 2415 So. Sequoia Dr., publiccomments.shtm). As a matter of Compton, CA 90220. 16 CFR 4.10(a)(2). Comments containing discretion, the Commission makes every Date Revoked: October 29, 2009. material for which confidential effort to remove home contact Reason: Failed to maintain a valid treatment is requested must be filed in information for individuals from the bond. paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with public comments it receives before Sandra L. Kusumoto, FTC Rule 4.9(c), 16 CFR 4.9(c).1 placing those comments on the FTC Director, Bureau of Certification and Because paper mail addressed to the website. More information, including Licensing. FTC is subject to delay due to routine uses permitted by the Privacy [FR Doc. E9–28754 Filed 11–30–09; 8:45 am] heightened security screening, please Act, may be found in the FTC’s privacy BILLING CODE 6730–01–P consider submitting your comments in policy, at (http://www.ftc.gov/ftc/ electronic form. Comments filed in privacy.shtm). electronic form should be submitted by FEDERAL TRADE COMMISSION using the following weblink: (https:// FOR FURTHER INFORMATION CONTACT: public.commentworks.com/ftc/0910050) Brendan McNamara (202-326-3703), [File No. 091 0050] and following the instructions on the Bureau of Competition, 600 Pennsylvania Avenue, NW, Washington, Panasonic Corporation and Sanyo web-based form. To ensure that the D.C. 20580. Electric Co., Ltd; Analysis of Commission considers an electronic Agreement Containing Consent Orders comment, you must file it on the web- SUPPLEMENTARY INFORMATION: Pursuant to Aid Public Comment based form at the weblink: (https:// to section 6(f) of the Federal Trade public.commentworks.com/ftc/ Commission Act, 38 Stat. 721, 15 U.S.C. AGENCY: Federal Trade Commission. 0910050). If this Notice appears at 46(f), and § 2.34 the Commission Rules ACTION: Proposed Consent Agreement. (http://www.regulations.gov/search/ of Practice, 16 CFR 2.34, notice is index.jsp), you may also file an hereby given that the above-captioned SUMMARY: The consent agreement in this electronic comment through that consent agreement containing a consent matter settles alleged violations of website. The Commission will consider order to cease and desist, having been federal law prohibiting unfair or all comments that regulations.gov filed with and accepted, subject to final deceptive acts or practices or unfair forwards to it. You may also visit the approval, by the Commission, has been methods of competition. The attached FTC website at (http://www.ftc.gov/) to placed on the public record for a period Analysis to Aid Public Comment read the Notice and the news release describes both the allegations in the describing it. of thirty (30) days. The following draft complaint and the terms of the A comment filed in paper form Analysis to Aid Public Comment consent order — embodied in the should include the ‘‘Panasonic Sanyo, describes the terms of the consent consent agreement — that would settle File No. 091 0050’’ reference both in the agreement, and the allegations in the these allegations. text and on the envelope, and should be complaint. An electronic copy of the full text of the consent agreement DATES: Comments must be received on mailed or delivered to the following or before December 24, 2009. address: Federal Trade Commission, package can be obtained from the FTC Home Page (for November 24, 2009), on ADDRESSES: Office of the Secretary, Room H-135 Interested parties are the World Wide Web, at (http:// invited to submit written comments (Annex D), 600 Pennsylvania Avenue, www.ftc.gov/os/actions.shtm). A paper electronically or in paper form. NW, Washington, DC 20580. The FTC is copy can be obtained from the FTC Comments should refer to ‘‘Panasonic requesting that any comment filed in Public Reference Room, Room 130-H, Sanyo, File No. 091 0050’’ to facilitate paper form be sent by courier or 600 Pennsylvania Avenue, NW, the organization of comments. Please overnight service, if possible, because Washington, D.C. 20580, either in note that your comment — including U.S. postal mail in the Washington area your name and your state — will be person or by calling (202) 326-2222. 1The comment must be accompanied by an Public comments are invited, and may placed on the public record of this explicit request for confidential treatment, proceeding, including on the publicly including the factual and legal basis for the request, be filed with the Commission in either accessible FTC website, at (http:// and must identify the specific portions of the paper or electronic form. All comments www.ftc.gov/os/publiccomments.shtm). 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 section above, and must be Because comments will be made Commission’s General Counsel, consistent with public, they should not include any applicable law and the public interest. See FTC received on or before the date specified sensitive personal information, such as Rule 4.9(c), 16 CFR 4.9(c). in the DATES section.

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Analysis of Agreement Containing batteries, semiconductors, capacitors, the alternative sources of supply are Consent Order to Aid Public Comment small motors, and optical pickups. usually not viable options. Neither new entry nor repositioning I. Introduction III. Portable NiMH Batteries and expansion sufficient to deter or The Federal Trade Commission There are three rechargeable battery counteract the anticompetitive effects of (‘‘Commission’’) has accepted from chemistries: nickel cadmium (‘‘NiCd’’), the proposed acquisition in the portable Panasonic Corporation (‘‘Panasonic’’), nickel metal hydride (‘‘NiMH’’) and NiMH market is likely to occur within subject to final approval, an Agreement lithium-ion (‘‘Li-ion’’). While each two years. Existing competitors would Containing Consent Orders (‘‘Consent battery chemistry is used in varying have to significantly improve their Agreement’’), which is designed to degrees to power batteries for portable portable NiMH production facilities, remedy the anticompetitive effects electronic devices, the evidence shows improve the quality of their portable resulting from Panasonic’s proposed that portable NiMH batteries are a NiMH batteries, and overcome the acquisition of 100% of the voting relevant antitrust market. First of all, resistance of customers to switch to a securities of Sanyo Electric Co., Ltd. there are a number of products, most portable NiMH battery supplier that (‘‘Sanyo’’). Under the terms of the notably two-way radios, that have a lacks the track record of effectively Consent Agreement, Sanyo will divest large installed base of customers that meeting the needs of those customers its assets relating to the manufacture cannot switch to another type of served by Panasonic and Sanyo. Also, and sale of portable NiMH batteries to rechargeable battery because the because NiMH is an older battery FDK Corporation (‘‘FDK’’), a subsidiary products were designed specifically to technology, it has a relatively small of Fujitsu, Ltd. accommodate portable NiMH batteries. growth potential for the sale of portable The proposed Consent Agreement has Second, even for customers who use NiMH batteries, so it is unlikely that a been placed on the public record for 30 NiMH batteries but are not locked in to potential competitor would be able to days to solicit comments from interested purchasing them, there is a strong justify the investments necessary to persons. Comments received during this preference for portable NiMH batteries enter the market for portable NiMH period will become part of the public for performance and cost reasons. Both batteries. record. After 30 days, the Commission sets of customers would not switch to a will again review the proposed Consent different battery technology in response IV. The Consent Agreement Agreement, and will decide whether it to a five to ten percent increase in the The proposed Order eliminates the should withdraw from the proposed price of portable NiMH batteries. competitive concerns raised by Consent Agreement or make final the The relevant geographic market for Panasonic’s proposed acquisition of accompanying Decision and Order portable NiMH batteries is worldwide. Sanyo by requiring the divestiture of (‘‘Order’’). Manufacturing of portable NiMH Sanyo’s assets relating to the Pursuant to an agreement concluded batteries is concentrated in Asia, and manufacture and sale of portable NiMH on December 19, 2008 (the orders are shipped to customers located batteries to FDK Corporation (‘‘FDK’’), a ‘‘Agreement’’), Panasonic announced its throughout the world. subsidiary of Fujitsu, Ltd. This intention to commence a cash tender Panasonic and Sanyo produce the divestiture must occur with fifteen days offer to acquire 100 percent of the voting highest quality portable NiMH batteries, after the Acquisition but may be securities of Sanyo for an aggregate and consequently the two firms are extended an additional thirty days, if purchase price of approximately $9 uniquely close competitors. The necessary, to allow European billion (the ‘‘Acquisition’’). The remaining suppliers of portable NiMH Commission approval of the divestiture Commission’s complaint alleges the batteries produce lower quality batteries to FDK. facts described below and that the and are therefore more distant FDK has the industry experience, proposed Acquisition, if consummated, competitors to Panasonic and Sanyo. As reputation, and resources to replace would violate Section 7 of the Clayton the only suppliers of high quality Sanyo as an effective competitor in the Act, as amended, 15 U.S.C. § 18, and portable NiMH batteries, Panasonic and portable NiMH battery market. Section 5 of the Federal Trade Sanyo control the vast majority of the Headquartered in Tokyo, Japan, FDK Commission Act, as amended, 15 U.S.C. market. The lower quality suppliers manufactures and sells electronic § 45, by lessening competition in the have fringe positions and do not affect components and batteries worldwide, market for portable NiMH batteries. competition between Panasonic and and is a subsidiary of Fujitsu, a Sanyo. multinational computing, II. The Parties As each other’s most significant telecommunications and electronics Panasonic, headquartered in Osaka, competitors for portable NiMH batteries, company. FDK does not currently Japan, is a leading manufacturer of Panasonic and Sanyo respond directly compete against Panasonic and Sanyo in consumer electronics such as to competition from each other with the sale of portable NiMH batteries, but televisions, DVD players, and lower prices, better services and it does manufacture and sell alkaline computers. Panasonic’s Components improved products, to the benefit of batteries. FDK also sources and resells a and Devices Division produces consumers. By eliminating this direct broad range of batteries, including rechargeable batteries, as well as and substantial competition, the carbon-zinc, lithium primary, and semiconductors and mechanical proposed acquisition would allow manganese batteries. components. Panasonic to exercise market power Pursuant to the Order, FDK would Headquartered in Osaka, Japan, Sanyo unilaterally, thereby increasing the receive all the assets necessary to Electric Co., Ltd., is a leading producer likelihood that purchasers of portable operate Sanyo’s current portable NiMH of electronic devices and components, NiMH batteries would be forced to pay battery business, including most including digital cameras, televisions, higher prices and restraining the direct importantly, the NiMH battery car navigation systems, home competition that promoted innovation manufacturing facility in Takasaki, appliances, and consumer electronics. and high quality service. The proposed Japan (‘‘Takasaki plant’’). The Takasaki Sanyo’s rechargeable battery business is acquisition eliminates a competitor to plant is a premier manufacturing facility operated out of its Components which customers otherwise could have for portable NiMH batteries, producing Division, which also manufacturers diverted their sales – in a market where approximately 30 percent of the

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portable NiMH batteries worldwide. The OFFICE OF GOVERNMENT ETHICS all twelve qualified trust model Order also requires Sanyo to supply to certificates and model documents FDK sizes Sub C/D portable NiMH Agency Information Collection described below (all of which are batteries, which are the only sizes of Activities; Submission for OMB included under OMB paperwork control Sanyo’s portable NiMH batteries not Review; Proposed Collection; number 3209–0007) for a three-year produced at the Takasaki plant and Comment Request for Unmodified extension of approval by OMB under account for a tiny fraction of Sanyo’s Qualified Trust Model Certificates and the Paperwork Reduction Act (44 U.S.C. overall portable NiMH sales. In addition Model Trust Documents chapter 35). OGE is proposing no changes to the twelve qualified trust to the employees of the Takasaki plant, AGENCY: Office of Government Ethics who would automatically transfer to (OGE). certificates and model trust documents at this time. FDK, the Order requires Sanyo to ACTION: Notice. provide FDK access to certain other key Privacy Act Statement Sanyo employees needed to successfully SUMMARY: The Office of Government operate the business. The Order also Ethics is publishing this second round In 2003, OGE updated the OGE/ requires Sanyo to transfer all notice and requesting comment on the GOVT–1 system of records notice intellectual property necessary to make twelve executive branch OGE model (covering SF 278 Public Financial and sell portable NiMH batteries, certificates and model documents for Disclosure Reports and other name- including Sanyo patents and licenses qualified trusts. OGE intends to submit retrieved ethics program records), related to portable NiMH batteries. A these forms for extension of approval including the addition of the three new divestiture of Sanyo’s portable NiMH (up to three years) by the Office of routine uses and the modification of one assets will ensure that FDK has a full Management and Budget (OMB) under of the existing routine uses. See 68 FR line of high-quality portable NiMH the Paperwork Reduction Act. OGE is 3097–3109 (January 22, 2003), as proposing no changes to these forms at batteries, enabling it to compete corrected at 68 FR 24744 (May 8, 2003). this time. As in the past, OGE will notify immediately with the merged entity. As a result, the Privacy Act Statement filers of an update to the privacy on each of the qualified trust model The Commission has appointed Philip information contained in the existing certificates and documents, which Comerford, Jr., Managing Director of forms, and will post a notification includes paraphrases of the routine ING Capital LLC and Head of the thereof on its Web site. uses, is affected. OGE has not Mergers & Acquisitions Group, as the DATES: Written comments by the public incorporated this update into the interim monitor to oversee the and the agencies on this proposed qualified trust model certificates and divestiture of the NiMH battery extension are invited and must be documents at this time, since a more business. In order to ensure that the received by December 31, 2009. thorough revision of these information Commission remains informed about ADDRESSES: Comments may be collections is planned within the next the status of the proposed divestitures, submitted, identified by the title of the three years. Upon distribution of the the proposed Consent Agreement information collection activity, to the trust model certificates and documents, requires the parties to file periodic Office of Information and Regulatory OGE will continue to inform users of the reports with the Commission until the Affairs, Attn: Ms. Sharon Mar, OMB update to the Privacy Act Statement. divestiture is accomplished. Desk Officer for the Office of OGE will also post a notification thereof on its Web site to accompany the model If the Commission determines that Government Ethics, by any of the certificates and documents. FDK is not an acceptable purchaser, or following two methods within 30 days the manner of the divestiture is not from the date of publication in this Model Trust Form Users acceptable, the parties must unwind the Federal Register: sale to FDK and divest the portable FAX: 202–395–6974, Attn: Ms. Sharon OGE is the supervising ethics office NiMH battery assets within six months Mar, OMB Desk Officer for the Office of for the executive branch of the Federal Government Ethics; of the date the Order becomes final to Government under the Ethics in E-mail: [email protected]. another Commission-approved acquirer. Government Act of 1978 (Ethics Act). Presidential nominees to executive If the parties fail to divest within six FOR FURTHER INFORMATION CONTACT: Paul branch positions subject to Senate months, the Commission may appoint a D. Ledvina, Records Officer, Office of confirmation and any other executive trustee to divest the portable NiMH Government Ethics; Telephone: 202– 482–9247; TTY: 800–877–8339; FAX: branch officials may seek OGE approval battery assets. 202–482–9237; E-mail: for Ethics Act qualified blind or The purpose of this analysis is to [email protected]. The model diversified trusts as one means to be facilitate public comment on the certificates of independence and used to avoid conflicts of interest. Consent Agreement, and it is not compliance for qualified trusts are OGE is the sponsoring agency for the intended to constitute an official codified in appendixes A, B, and C to model certificates and model trust interpretation of the proposed Decision 5 CFR part 2634. Copies of the model documents for qualified blind and and Order or the Order To Maintain trust documents are available as one set diversified trusts of executive branch Assets, or to modify their terms in any of OGE publications through the Ethics officials set up under section 102(f) of way. Documents section of OGE’s Web site at the Ethics Act, 5 U.S.C. app. § 102(f), By direction of the Commission. http://www.usoge.gov. Copies of the and OGE’s implementing financial qualified trust model certificates and the disclosure regulations at subpart D of 5 Donald S. Clark model trust documents may also be CFR part 2634. The various model Secretary. obtained, without charge, by contacting certificates and model trust documents [FR Doc. E9–28745 Filed 11–30–09: 8:45 am] Mr. Ledvina. are utilized by OGE and settlors, BILLING CODE 6750–01–S SUPPLEMENTARY INFORMATION: The Office trustees and other fiduciaries in of Government Ethics intends to submit, establishing and administering these shortly after this second round notice, qualified trusts.

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