80 FR 15609 - National Heart, Lung, and Blood Institute; Notice of Closed Meeting
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health Federal Register Volume 80, Issue 56 (March 24, 2015)
National Institutes of Health
Federal Register Volume 80, Issue 56 (March 24, 2015)
| Page Range | 15609-15609 | |
| FR Document | 2015-06595 |
[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)] [Notices] [Page 15609] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06595] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Board of Scientific Counselors, NHLBI. The meeting will be closed to the public as indicated below in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the National Heart, Lung, and Blood Institute, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: Board of Scientific Counselors, NHLBI. Date: April 27-28, 2015. Time: 8:00 a.m. to 6:30 p.m. Agenda: To review and evaluate personal qualifications and performance, and competence of individual investigators. Place: Marriott Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814. Contact Person: Robert S. Balaban, Ph.D., Scientific Director, National Heart, Lung, and Blood Institute, National Institutes of Health, Building 10, 10 Center Drive, CRC, 4th Floor, Room 1581, Bethesda, MD 20892, 301-496-2116, balabanr@nhlbi.nih.gov. Information is also available on the Institute's/Center's home page: www.nhlbi.nih.gov/about/committees/nhlbsc, where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS) Dated: March 18, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2015-06595 Filed 3-23-15; 8:45 am] BILLING CODE 4140-01-P
![Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices 15609
hard work in this matter. Staff has whether the record evidence supports DEPARTMENT OF HEALTH AND
worked diligently to collect and analyze the theory. In short, the answer is no. HUMAN SERVICES
evidence related to numerous product For Par to have the incentive and ability
markets within the Hawaiian gasoline to engage in this strategy, it must be National Institutes of Health
industry. Indeed, Staff’s thorough profitable for it to do so. Neither
investigation has narrowed the scope of economic analysis nor record evidence National Heart, Lung, and Blood
potential competitive concerns arising gives me reason to believe this is so. The Institute; Notice of Closed Meeting
from the proposed transaction to the evidence strongly suggests such an
single theory of harm alleged in the Pursuant to section 10(d) of the
exclusionary strategy would not be
Complaint. Based upon the evidence, I Federal Advisory Committee Act, as
profitable without Chevron
concluded there is no reason to believe amended (5 U.S.C. App.), notice is
Corporation’s (‘‘Chevron’s’’)
the proposed transaction is likely to hereby given of a meeting of the Board
cooperation. Chevron is the only other
lessen competition in any relevant of Scientific Counselors, NHLBI.
Hawaiian refiner aside from Par capable
market. It follows, in my view, that the The meeting will be closed to the
of selling bulk supplies of HIBOB to
Commission should close the public as indicated below in accordance
investigation and allow the parties to Aloha. Such tacit or explicit
coordination to exclude Aloha is highly with the provisions set forth in section
complete the merger without imposing
unlikely in the HIBOB market. 552b(c)(6), Title 5 U.S.C., as amended
a remedy.
Furthermore, the record evidence also for the review, discussion, and
The Complaint articulates a theory of evaluation of individual intramural
indicates Aloha, the potential victim of
competitive harm arising from the programs and projects conducted by the
proposed transaction based upon the the strategy, does not have any reason
to believe Par would adopt this National Heart, Lung, and Blood
possibility that Par, a bulk supplier of
potentially anticompetitive strategy. Institute, including consideration of
HIBOB, will foreclose a potential
Thus, I have no reason to believe that personnel qualifications and
downstream customer, Aloha
post-acquisition, Par will have the performance, and the competence of
Petroleum, Ltd. (‘‘Aloha’’), from its
ability to import to discipline the prices incentive and ability to raise prices of individual investigators, the disclosure
of bulk-supplied HIBOB. Par’s the bulk supply of HIBOB. of which would constitute a clearly
acquisition of Mid Pac includes the unwarranted invasion of personal
Prior to entering into a consent
latter’s storage rights at Barbers Point privacy.
agreement with the merging parties, the
Terminal. Mid Pac and Aloha each Commission must first find reason to Name of Committee: Board of Scientific
currently have storage rights at Barbers believe that a merger likely will Counselors, NHLBI.
Point Terminal sufficient to allow them substantially lessen competition under Date: April 27–28, 2015.
to import HIBOB. After the merger, Par Section 7 of the Clayton Act. The fact Time: 8:00 a.m. to 6:30 p.m.
and Aloha would share access to the that the Commission believes the Agenda: To review and evaluate personal
terminal. The theory of harm articulated proposed consent order is costless is not qualifications and performance, and
in the Complaint is that Par would have competence of individual investigators.
relevant to this determination. A
the incentive and ability to use its Place: Marriott Residence Inn Bethesda,
plausible theory may be sufficient to 7335 Wisconsin Avenue, Bethesda, MD
newly acquired Mid Pac storage rights
establish the mere possibility of 20814.
to ‘‘park’’ petroleum products at Barbers
Point Terminal, and that this strategy competitive harm, but that theory must Contact Person: Robert S. Balaban, Ph.D.,
would reduce or eliminate Aloha’s be supported by record evidence to Scientific Director, National Heart, Lung, and
ability to discipline bulk supply prices establish reason to believe its Blood Institute, National Institutes of Health,
by threatening to import HIBOB, thus likelihood. Modern economic analysis Building 10, 10 Center Drive, CRC, 4th Floor,
resulting in higher HIBOB prices which supplies a variety of tools to assess Room 1581, Bethesda, MD 20892, 301–496–
would ultimately be passed on to rigorously the likelihood of competitive 2116, balabanr@nhlbi.nih.gov.
Hawaii consumers. harm. These tools are particularly Information is also available on the
The theory that Par might exclude important where, as here, the conduct Institute’s/Center’s home page:
Aloha in this way is certainly a underlying the theory of harm—that is, www.nhlbi.nih.gov/about/committees/nhlbsc,
plausible basis for further investigation. vertical integration—is empirically where an agenda and any additional
Indeed, competitive concerns involving established to be procompetitive more information for the meeting will be posted
the potential for exclusion are often than not. Here, to the extent those when available.
commonly invoked in transactions with tools were used, they uncovered (Catalogue of Federal Domestic Assistance
vertical dimensions, though empirical evidence that, consistent with the Program Nos. 93.233, National Center for
evidence demonstrates vertical record as a whole, is insufficient to Sleep Disorders Research; 93.837, Heart and
transactions are generally, but not support a reason to believe the proposed Vascular Diseases Research; 93.838, Lung
always, procompetitive or competitively transaction is likely to harm Diseases Research; 93.839, Blood Diseases
benign.2 The question, however, is competition. Thus, I respectfully dissent and Resources Research, National Institutes
and believe the Commission should of Health, HHS)
Aloha are classified as bulk suppliers. Nor does the close the investigation and allow the Dated: March 18, 2015.
theory of harm articulated in the Complaint depend
upon a reduction in the number of competitors in parties to complete the merger without Michelle Trout,
mstockstill on DSK4VPTVN1PROD with NOTICES
the bulk-supplied HIBOB market. I assume, imposing a remedy. Program Analyst, Office of Federal Advisory
arguendo, that the market definition articulated in [FR Doc. 2015–06626 Filed 3–23–15; 8:45 am] Committee Policy.
the Complaint is correct and use it throughout this
statement without loss of generality. BILLING CODE 6750–01–P [FR Doc. 2015–06595 Filed 3–23–15; 8:45 am]
2 See generally James C. Cooper, et al., Vertical
BILLING CODE 4140–01–P
Antitrust Policy as a Problem of Inference, 23 Int’l
J. Indus. Org. 639 (2005); Francine Lafontaine &
Margaret Slade, Exclusive Contracts and Vertical Handbook of Antitrust Economics (Paolo
Restraints: Empirical Evidence and Public Policy, in Buccirossi, ed., 2008).
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Document Created: 2015-12-18 11:45:33
Document Modified: 2015-12-18 11:45:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | April 27-28, 2015. | |
| FR Citation | 80 FR 15609 |
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