Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices 66191 the Assistant Attorney General, patterns, devices, manufacturing filed with and accepted, subject to final developed the HSR Rules and the processes, or customer names. approval, by the Commission, has been corresponding Notification and Report placed on the public record for a period Form. Heather Hippsley, of thirty (30) days. The following On September 11, 2019, the Deputy General Counsel. Analysis to Aid Public Comment Commission sought comment on the [FR Doc. 2019–26075 Filed 12–2–19; 8:45 am] describes the terms of the consent reporting requirements associated with BILLING CODE 6750–01–P agreement and the allegations in the the HSR Rules and corresponding complaint. An electronic copy of the Notification and Report Form. 84 FR full text of the consent agreement 47951. No relevant comments were FEDERAL TRADE COMMISSION package can be obtained from the FTC received. Pursuant to the OMB [File No. 191 0061] Home Page (for November 15, 2019), on regulations, 5 CFR part 1320, that the World Wide Web, at https:// implement the PRA, 44 U.S.C. 3501 et Bristol-Myers Squibb Company and www.ftc.gov/news-events/commission- seq., the FTC is providing this second Celgene Corporation; Analysis of actions. opportunity for public comment while Agreement Containing Consent Orders You can file a comment online or on seeking OMB approval to renew the pre- To Aid Public Comment paper. For the Commission to consider existing clearance for those information your comment, we must receive it on or collection requirements. AGENCY: Federal Trade Commission. before January 2, 2020. Write ‘‘Bristol- The following discussion presents the ACTION: Proposed consent agreement; Myers Squibb Company and Celgene FTC’s PRA burden analysis regarding request for comment. Corporation; File No. 191 0061’’ on your completion of the Notification and comment. Your comment—including Report Form. For more details about the SUMMARY: The consent agreement in this your name and your state—will be requirements of the HSR Rules, the matter settles alleged violations of placed on the public record of this background behind these information federal law prohibiting unfair methods proceeding, including, to the extent collection provisions, and the basis for of competition. The attached Analysis of practicable, on the https:// the calculations summarized below, see Agreement Containing Consent Orders www.regulations.gov website. 84 FR 47951. to Aid Public Comment describes both Postal mail addressed to the Likely Respondents: Merging Parties. the allegations in the complaint and the Commission is subject to delay due to Estimated Annual Hours Burden: terms of the consent orders—embodied heightened security screening. As a 181,091 hours [derived from 4,894 non- in the consent agreement—that would result, we encourage you to submit your index filings × 37 hours/each) + (five settle these allegations. comments online through the https:// index filings × two hours/each) + (one DATES: Comments must be received on www.regulations.gov website. withdrawn transaction later restarted × or before January 2, 2020. If you prefer to file your comment on three hours)]. ADDRESSES: Interested parties may file paper, write ‘‘Bristol-Myers Squibb Estimated Annual Cost Burden: comments online or on paper, by Company and Celgene Corporation; File $83,301,860, which is derived from No. 191 0061’’ on your comment and on × following the instructions in the $460/hour 181,091 hours. Request for Comment part of the the envelope, and mail your comment to the following address: Federal Trade Request for Comment SUPPLEMENTARY INFORMATION section Commission, Office of the Secretary, Your comment—including your name below. Write: ‘‘Bristol-Myers Squibb Company and Celgene Corporation; File 600 Pennsylvania Avenue NW, Suite and your state—will be placed on the CC–5610 (Annex D), Washington, DC public record of this proceeding at the No. 191 0061’’ on your comment, and file your comment online at https:// 20580; or deliver your comment to the https://www.regulations.gov website. following address: Federal Trade Because your comment will be made www.regulations.gov by following the instructions on the web-based form. If Commission, Office of the Secretary, public, you are solely responsible for Constitution Center, 400 7th Street SW, you prefer to file your comment on making sure that your comment does 5th Floor, Suite 5610 (Annex D), paper, mail your comment to the not include any sensitive personal Washington, DC 20024. If possible, following address: Federal Trade information, such as anyone’s Social submit your paper comment to the Commission, Office of the Secretary, Security number; date of birth; driver’s Commission by courier or overnight 600 Pennsylvania Avenue NW, Suite license number or other state service. identification number, or foreign CC–5610 (Annex D), Washington, DC Because your comment will be placed country equivalent; passport number; 20580, or deliver your comment to the on the publicly accessible website at financial account number; or credit or following address: Federal Trade https://www.regulations.gov, you are debit card number. You are also solely Commission, Office of the Secretary, solely responsible for making sure that responsible for making sure that your Constitution Center, 400 7th Street SW, your comment does not include any comment does not include any sensitive 5th Floor, Suite 5610 (Annex D), sensitive or confidential information. In health information, such as medical Washington, DC 20024. particular, your comment should not records or other individually FOR FURTHER INFORMATION CONTACT: Kari include any sensitive personal identifiable health information. In Wallace (202–326–3085), Bureau of information, such as your or anyone addition, your comment should not Competition, Federal Trade else’s Social Security number; date of include any ‘‘trade secret or any Commission, 600 Pennsylvania Avenue birth; driver’s license number or other commercial or financial information NW, Washington, DC 20580. state identification number, or foreign which . is privileged or SUPPLEMENTARY INFORMATION: Pursuant country equivalent; passport number; confidential’’—as provided by Section to Section 6(f) of the Federal Trade financial account number; or credit or 6(f) of the FTC Act, 15 U.S.C. 46(f), and Commission Act, 15 U.S.C. 46(f), and debit card number. You are also solely FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— FTC Rule 2.34, 16 CFR 2.34, notice is responsible for making sure that your including in particular competitively hereby given that the above-captioned comment does not include any sensitive sensitive information such as costs, consent agreement containing a consent health information, such as medical sales statistics, inventories, formulas, order to cease and desist, having been records or other individually VerDate Sep<11>2014 18:27 Dec 02, 2019 Jkt 250001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1 lotter on DSKBCFDHB2PROD with NOTICES 66192 Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices identifiable health information. In in the Consent Agreement requires percentage of body surface area affected addition, your comment should not Celgene to divest all rights and assets and the parts of the body that are include any ‘‘trade secret or any related to its Otezla business to Amgen, affected. Typically, mild psoriasis commercial or financial information Inc. (‘‘Amgen’’). covers less than 3 percent of the body, which . is privileged or The proposed Consent Agreement has moderate psoriasis covers 3 to 10 confidential’’—as provided by Section been placed on the public record for percent of the body and severe psoriasis 6(f) of the FTC Act, 15 U.S.C. 46(f), and thirty days for receipt of comments by covers more than 10 percent of the FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— interested persons. Comments received body. including in particular competitively during this period will become part of When deciding how to treat psoriasis, sensitive information such as costs, the public record. After thirty days, the dermatologists typically evaluate the sales statistics, inventories, formulas, Commission will review the comments severity of the disease, any risk factors patterns, devices, manufacturing received and decide whether it should or contraindications for the patient, and processes, or customer names. withdraw, modify, or make the Consent the patient’s preferences. Dermatologists Comments containing material for Agreement final. consider efficacy data, safety data, and which confidential treatment is Pursuant to an Agreement and Plan of side effect profile of each product, as requested must be filed in paper form, Merger dated as of January 2, 2019, BMS well as mode of administration to select must be clearly labeled ‘‘Confidential,’’ plans to acquire all of the voting the appropriate treatment course for and must comply with FTC Rule 4.9(c). securities of Celgene in a cash and stock their patients. While many injectable In particular, the written request for transaction with an equity value of and infused products are approved to confidential treatment that accompanies approximately $74 billion (the treat moderate-to-severe psoriasis, a the comment must include the factual ‘‘Acquisition’’). The Commission’s number of patients object to such and legal basis for the request, and must Complaint alleges that the proposed injections or find them inconvenient. identify the specific portions of the Acquisition, if consummated, would For those patients, dermatologists often comment to be withheld from the public violate Section 7 of the Clayton Act, as select an oral product. record. See FTC Rule 4.9(c). Your amended, 15 U.S.C. 18, and Section 5 of Celgene’s apremilast, marketed under comment will be kept confidential only the Federal Trade Commission Act, as the brand name Otezla, is a if the General Counsel grants your amended, 15 U.S.C.