79486 Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices The Commission therefore determines precautions. Comments that do not Analysis of Agreement Containing that the maximum allowable charge for contain any nonpublic information may Consent Order To Aid Public Comment the year 2009 will be $11.00. instead be filed in electronic form by The Federal Trade Commission By direction of the Commission. following the instructions on the web- (‘‘Commission’’) has accepted, subject to Donald S. Clark, based form at (http:// final approval, an Agreement secure.commentworks.com/ftc- Secretary. Containing Consent Orders (‘‘Consent TevaBarr). To ensure that the Agreement’’) from Teva Pharmaceutical [FR Doc. E8–30830 Filed 12–24–08: 8:45 am] Commission considers an electronic BILLING CODE 6750–01–S Industries Ltd. (‘‘Teva’’) and Barr comment, you must file it on that web- Pharmaceuticals Inc. (‘‘Barr’’) that is based form. designed to remedy the anticompetitive The FTC Act and other laws the FEDERAL TRADE COMMISSION effects of the acquisition of Barr by Commission administers permit the Teva. Under the terms of the proposed [File No. 081 0224] collection of public comments to Consent Agreement, the companies consider and use in this proceeding as Teva Pharmaceutical Industries Ltd. would be required to assign and divest appropriate. All timely and responsive to Watson Pharmaceuticals (‘‘Watson’’) and Barr Pharmaceuticals, Inc; public comments, whether filed in Analysis of Agreement Containing Teva’s rights and assets necessary to paper or electronic form, will be manufacture and market generic: (1) Consent Orders To Aid Public considered by the Commission, and will Comment chlorzoxazone tablets; (2) deferoxamine be available to the public on the FTC injection; (3) fluoxetine weekly website, to the extent practicable, at AGENCY: Federal Trade Commission. capsules; (4) carboplatin injection; and www.ftc.gov. As a matter of discretion, ACTION: Proposed Consent Agreement. (5) metronidazole tablets. The Consent the FTC makes every effort to remove Agreement also requires the companies SUMMARY: The consent agreement in this home contact information for to assign and divest to Watson all of matter settles alleged violations of individuals from the public comments it Barr’s rights and assets necessary to federal law prohibiting unfair or receives before placing those comments manufacture and market generic: (1) deceptive acts or practices or unfair on the FTC website. More information, metoclopramide hydrochloride (‘‘HCl’’) methods of competition. The attached including routine uses permitted by the tablets; (2) cyclosporine liquid; (3) Analysis to Aid Public Comment Privacy Act, may be found in the FTC’s cyclosporine capsules; (4) desmopressin describes both the allegations in the privacy policy, at (http://www.ftc.gov/ acetate tablets; (5) epoprostenol sodium draft complaint and the terms of the ftc/privacy.shtm). (freeze-dried powder) injection consent order—embodied in the consent FOR FURTHER INFORMATION CONTACT: (‘‘epop’’); (6) flutamide capsules; (7) agreement—that would settle these Stephanie C. Bovee, FTC Bureau of glipizide/metformin HCl tablets; (8) allegations. Competition, 600 Pennsylvania Avenue, mirtazapine orally disintegrating tablets NW, Washington, D.C. 20580, (202) 326- DATES: (‘‘ODT’’); (9) tamoxifen citrate tablets; Comments must be received on 2083. or before January 19, 2008 and (10) tetracycline HCl capsules. In SUPPLEMENTARY INFORMATION: Pursuant addition, the proposed Consent ADDRESSES: Interested parties are to section 6(f) of the Federal Trade Agreement requires the companies to invited to submit written comments. Commission Act, 38 Stat. 721, 15 U.S.C. divest Teva’s rights and assets necessary Comments should refer to ‘‘Teva-Barr, 46(f), and § 2.34 of the Commission to manufacture and market generic File No. 081 0224,’’ to facilitate the Rules of Practice, 16 CFR 2.34, notice is trazodone HCl tablets and thirteen oral organization of comments. A comment hereby given that the above-captioned contraceptive products to Qualitest filed in paper form should include this consent agreement containing a consent Pharmaceuticals (‘‘Qualitest’’). reference both in the text and on the order to cease and desist, having been The proposed Consent Agreement has envelope, and should be mailed or filed with and accepted, subject to final been placed on the public record for delivered to the following address: approval, by the Commission, has been thirty days for receipt of comments by Federal Trade Commission/Office of the placed on the public record for a period interested persons. Comments received Secretary, Room 135-H, 600 of thirty (30) days. The following during this period will become part of Pennsylvania Avenue, N.W., Analysis to Aid Public Comment the public record. After thirty days, the Washington, D.C. 20580. Comments describes the terms of the consent Commission will again review the containing confidential material must be agreement, and the allegations in the proposed Consent Agreement and the filed in paper form, must be clearly complaint. An electronic copy of the comments received, and will decide labeled ‘‘Confidential,’’ and must full text of the consent agreement whether it should withdraw from the comply with Commission Rule 4.9(c). 1 package can be obtained from the FTC proposed Consent Agreement, modify it, 16 CFR 4.9(c) (2005). The FTC is Home Page (for December 19, 2008), on or make final the Decision and Order requesting that any comment filed in the World Wide Web, at (http:// (‘‘Order’’). paper form be sent by courier or www.ftc.gov/os/2008/12/index.htm). A Pursuant to an Agreement and Plan of overnight service, if possible, because paper copy can be obtained from the Merger dated July 18, 2008, Teva U.S. postal mail in the Washington area FTC Public Reference Room, Room 130- proposes to acquire all of the issued and and at the Commission is subject to H, 600 Pennsylvania Avenue, NW, outstanding shares of Barr for delay due to heightened security Washington, D.C. 20580, either in approximately $7.4 billion, plus the person or by calling (202) 326-2222. assumption of $1.5 billion of net debt, 1 The comment must be accompanied by an explicit request for confidential treatment, Public comments are invited, and may for approximately $8.9 billion. The including the factual and legal basis for the request, be filed with the Commission in either Commission’s Complaint alleges that and must identify the specific portions of the paper or electronic form. All comments the proposed acquisition, if comment to be withheld from the public record. should be filed as prescribed in the consummated, would violate Section 7 The request will be granted or denied by the ADDRESSES Commission’s General Counsel, consistent with section above, and must be of the Clayton Act, as amended, 15 applicable law and the public interest. See received on or before the date specified U.S.C. § 18, and Section 5 of the Federal Commission Rule 4.9(c), 16 CFR 4.9(c). in the DATES section. Trade Commission Act, as amended, 15 VerDate Aug<31>2005 15:57 Dec 24, 2008 Jkt 217001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1 dwashington3 on PROD1PC60 with NOTICES Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices 79487 U.S.C. § 45, by lessening competition in proposed acquisition reduces the generic metronidazole, resulting in a the U.S. markets for the manufacture number of competitors from three to combined market share of 89 percent. and sale of the following generic two. Tamoxifen citrate is a selective ∑ Trazodone is an antidepressant with pharmaceutical products: (1) estrogen receptor modulator that is used a sedative effect. In the generic tetracycline HCl capsules; (2) in the treatment of breast cancer. trazodone market, the proposed chlorzoxazone tablets; (3) desmopressin Cyclosporine is an immunosuppressant acquisition would result in a acetate tablets; (4) metoclopramide HCl drug used to prevent the rejection of combined market share of 75 percent. tablets; (5) carboplatin injection; (6) transplanted organs. Combined, Teva Apotex Group is the only other tamoxifen citrate tablets; (7) and Barr, currently account for 73 competitively significant supplier metronidazole tablets; (8) trazodone HCl percent of the generic tamoxifen citrate with 22 percent of the market. The tablets; (9) glipizide/metformin HCl market and 55 percent of the generic fourth supplier—Watson—has had tablets; (10) cyclosporine liquid; (11) cyclosporine liquid market. limited success in this market, having cyclosporine capsules; (12) flutamide Teva’s proposed acquisition of Barr captured only a 3 percent market capsules; (13) mirtazapine ODT; (14) share to date. would reduce the number of ∑ deferoxamine injection; (15) epop; (16) competitors from four to three in the Cyclosporine is an weekly fluoxetine capsules; and (17) following generic markets: (1) immunosuppressant drug used to thirteen generic oral contraceptive metoclopramide HCl tablets; (2) prevent the rejection of transplanted markets (collectively, the ‘‘Products’’). carboplatin injection; (3) metronidazole organs. In the generic cyclosprine The proposed Consent Agreement will tablets; (4) trazodone HCl tablets; (5) capsules market, Teva and Barr have remedy the alleged violations by cyclosporine capsules; (6) flutamide roughly equal market shares and their replacing the lost competition that capsules; (7) glipizide/metformin HCl post-acquisition