80 FR 37259 - Zimmer Holdings, Inc. and Biomet, Inc.; Analysis of Proposed Consent Order To Aid Public Comment
FEDERAL TRADE COMMISSION Federal Register Volume 80, Issue 125 (June 30, 2015)
Federal Register Volume 80, Issue 125 (June 30, 2015)
| Page Range | 37259-37263 | |
| FR Document | 2015-16081 |
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)] [Notices] [Pages 37259-37263] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16081] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION [File No. 141-0144] Zimmer Holdings, Inc. and Biomet, Inc.; Analysis of Proposed Consent Order To Aid Public Comment AGENCY: Federal Trade Commission. [[Page 37260]] ACTION: Proposed consent agreement. ----------------------------------------------------------------------- SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order-- embodied in the consent agreement--that would settle these allegations. DATES: Comments must be received on or before July 24, 2015. ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/zimmerbiometconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ``Zimmer Holdings, Inc. and Biomet, Inc.--Consent Agreement; File No. 141-0144'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/zimmerbiometconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ``Zimmer Holdings, Inc. and Biomet, Inc.--Consent Agreement; File No. 141-0144'' on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Christine Tasso, Bureau of Competition, (202-326-2232), 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for June 24, 2015), on the World Wide Web, at http://www.ftc.gov/os/actions.shtm. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before July 24, 2015. Write ``Zimmer Holdings, Inc. and Biomet, Inc.--Consent Agreement; File No. 141-0144'' on your comment. Your comment--including your name and your state--will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals' home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone's Social Security number, date of birth, driver's license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any ``[t]rade secret or any commercial or financial information which . . . is privileged or confidential,'' as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. --------------------------------------------------------------------------- \1\ In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). --------------------------------------------------------------------------- Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/zimmerbiometconsent by following the instructions on the web-based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ``Zimmer Holdings, Inc. and Biomet, Inc.--Consent Agreement; File No. 141-0144'' on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before July 24, 2015. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see http://www.ftc.gov/ftc/privacy.htm. Analysis of Agreement Containing Consent Order To Aid Public Comment Introduction The Federal Trade Commission (``Commission'') has accepted from Zimmer Holdings, Inc. (``Zimmer''), subject to final approval, an Agreement Containing Consent Order (``Consent Agreement''), which is designed to remedy the anticompetitive effects likely to result from Zimmer's proposed acquisition of Biomet, Inc. (``Biomet''). Under the terms of the proposed Decision and Order (``Order'') contained in the Consent Agreement, Zimmer and Biomet must divest Zimmer's Unicompartmental High Flex Knee System (``ZUK'') business in the United States to Smith & Nephew, Inc. (``Smith & Nephew'') and divest Biomet's Discovery Elbow and Cobalt Bone Cement businesses in the United States to DJO Global, Inc. (``DJO''). The Consent Agreement has been placed on the public record for 30 days to solicit comments from interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission [[Page 37261]] will again review the Consent Agreement and the comments received, and decide whether it should withdraw from the Consent Agreement, modify it, or make it final. Pursuant to an agreement signed on April 24, 2014, Zimmer plans to acquire Biomet for approximately $13.35 billion (the ``Proposed Acquisition''). The Commission's Complaint alleges that the Proposed Acquisition, if consummated, would violate Section 7 of the Clayton Act, as amended, 15 U.S.C. 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45, by substantially lessening competition in the U.S. markets for: (1) Unicondylar knee implants; (2) total elbow implants; and (3) bone cement. The proposed Consent Agreement will remedy the alleged violations by preserving the competition that would otherwise be eliminated by the Proposed Acquisition. The Parties Zimmer, headquartered in Warsaw, Indiana, is the third-largest musculoskeletal medical device company in the United States and worldwide, specializing in the design, development, manufacture, and marketing of orthopedic reconstructive products. In 2013, Zimmer generated U.S. revenues of $2.42 billion. Biomet, also headquartered in Warsaw, Indiana, is the fourth- largest musculoskeletal medical device company in the United States and the fifth-largest globally. In 2013, Biomet generated U.S. revenues of $1.86 billion. The Relevant Products and Market Structures Unicondylar Knee Implants Unicondylar knee implants are medical devices that replace damaged bone and cartilage in only one of the knee's three condyles. The most common indication for a unicondylar knee implant is osteoarthritic damage in the medial condyle. In comparison to a total knee implant, which replaces all three condyles, a unicondylar knee implant requires less invasive surgery and allows a patient to have a more natural feeling knee upon recovery from surgery. Unicondylar knee implants vary in a number of ways; however, one of the most important differences among the implants is whether they have a fixed or mobile bearing. In a fixed bearing implant, a plastic piece is fixed permanently to the end of the tibia. In a mobile bearing knee, the plastic piece moves and glides over the tibia as the knee moves. The mobile bearing places less stress on the bearing surface and may extend the longevity of the implant. Despite these differences, fixed bearing and mobile bearing implants are in the same product market because surgeons regularly substitute between them as they achieve comparable functional outcomes for the same indications. The market for unicondylar knee implants is highly concentrated. Biomet, which markets the Oxford implant, is the market leader, with a share of at least 44%. Biomet's Oxford is the only mobile bearing knee implant currently on the market. Zimmer, the second-leading supplier of unicondylar knee implants, controls at least 23% of the market with its fixed bearing implant, ZUK. Stryker Corporation (``Stryker'') offers two unicondylar knee implants with fixed bearings: The Triathlon PKR and MAKOPlasty, a robotic-assisted surgery option. Stryker's market share is approximately 8%. Johnson & Johnson, through its DePuySynthes Companies (``J&J DePuy''), and Smith & Nephew both offer fixed bearing knee implants and are distant fourth and fifth competitors, maintaining approximately 6% and 3% shares of the market, respectively. Additionally, a number of small, fringe competitors each control a small share of the market, but individually and collectively have limited competitive significance. Absent a remedy, the Proposed Acquisition would produce a single firm controlling at least 67% of the unicondylar knee implant market and substantially increase market concentration. Total Elbow Implants Total elbow implants are medical devices that replace damaged bone and cartilage in the elbow joint caused by osteoarthritis or a severe elbow fracture. Total elbow implants replace the elbow joint with a metal hinge that affixes to stems implanted into the humerus and the ulna. There are two types of total elbow implants: Linked and unlinked. Linked total elbow implants connect the humeral stem to the ulnar stem with a pin and locking device, providing extra stability where the ligaments surrounding the elbow joint are weak. Unlinked total elbow implants do not connect the humeral stem to the ulnar stem mechanically; instead, they use the patient's natural ligaments to secure the implant. Linked and unlinked total elbow implants are viewed as reasonably interchangeable by health care providers because they treat the same indications and are priced similarly. The market for total elbow implants is highly concentrated today, and the Proposed Acquisition would increase concentration in this market substantially. Zimmer and Biomet are the two largest suppliers of total elbow implants. Apart from the merging parties, Tornier, Inc. (``Tornier'') is the only other significant supplier of total elbow implants. Zimmer offers two products--the Coonrad/Morrey Total Elbow and the Nexel Total Elbow. The Coonrad/Morrey Total Elbow, developed at the Mayo Clinic, is a cemented, linked total elbow implant with twenty- four years of clinical history. In late 2013, Zimmer launched the Nexel Total Elbow, which updated the Coonrad/Morrey Total Elbow with, among other things, a revised linkage system and instrumentation, and an improved bearing surface. Biomet's Discovery Total Elbow is also a cemented, linked implant supported by over ten years of clinical history. Tornier launched its Latitude EV implant, a cemented total elbow system capable of converting between a linked and unlinked prosthesis, in the United States in 2013. Bone Cement Surgeons use bone cement in a wide variety of joint arthroplasties to affix implants to bones, including the vast majority of knee and elbow implants, as well as many hip and shoulder procedures. Bone cement is available in high, medium, and low viscosities and in non- antibiotic and antibiotic formulations. Surgeons select bone cement based on its viscosity, whether it has an antibiotic component, supporting clinical data, and familiarity. Because surgeons generally use the more expensive antibiotic bone cement only for patients with a high risk of infection, it may be appropriate to analyze the Proposed Acquisition in separate relevant markets for antibiotic and non- antibiotic bone cement. Most customers, however, purchase both types of bone cement through a single contract with a single vendor, and the market participants, competitive dynamics, and entry barriers are the same for both antibiotic and non-antibiotic bone cement. Thus, for convenience and efficiency, it is appropriate to analyze the impact of the Proposed Acquisition in a relevant market for all bone cement products. Four primary suppliers serve the U.S. bone cement market: Stryker, Zimmer, J&J DePuy, and Biomet, which together account for approximately 98% of all bone cement sales in the United States. Stryker's Simplex is the market leader, with a share of approximately 40% of the market. Zimmer, the second-largest bone cement supplier, has a market share of approximately 30%. Zimmer [[Page 37262]] derives nearly all of its bone cement revenues from the sale of Palacos, which Zimmer distributes under license from Heraeus Holding. J&J DePuy takes approximately 18% of the market with its SmartSet bone cement, while Biomet's Cobalt has an approximate 10% market share. The Proposed Acquisition would reduce the number of major suppliers of bone cement in the United States from four to three and increase concentration in this market substantially. The Relevant Geographic Market The United States is the relevant geographic market in which to analyze the effects of the Proposed Acquisition. Medical devices sold outside of the United States are not viable alternatives for U.S. consumers, as they cannot turn to these products even in the event of a price increase for products currently available in the United States. Further, the U.S. Food and Drug Administration (``FDA'') must approve any medical device before it is sold in the United States, a process that generally takes a significant amount of time. Thus, suppliers of medical devices outside the United States cannot shift their product into the U.S. market quickly enough to be considered current market participants. Entry Entry or expansion into the markets for unicondylar knee implants, total elbow implants, and bone cement would not be timely, likely, or sufficient to counteract the likely anticompetitive effects of the Proposed Acquisition. To enter or effectively expand in any of these markets successfully, a supplier would need to design and manufacture an effective product, obtain FDA approval, and develop clinical history supporting the long-term efficacy of its product. The new entrant or putative expanding firm also would need to develop and foster product loyalty and establish a nationwide sales network capable of marketing the product and providing on-site service at hospitals throughout the country. Such development efforts are difficult, time-consuming, and expensive, and often fail to result in a competitive product reaching the market. Effects of the Acquisition Zimmer's acquisition of Biomet would likely result in substantial anticompetitive effects in the unicondylar knee implant market by eliminating substantial head-to-head competition between the two most successful implants. Zimmer's ZUK and Biomet's Oxford are particularly close competitors because of their well-documented clinical success records. As close competitors, customers currently leverage the Oxford and ZUK against each other to obtain better pricing. Additionally, Zimmer and Biomet continually improve features of their unicondylar knee implants in order to win business from physicians. Therefore, absent a remedy, the Proposed Acquisition would likely result in unilateral price effects and reduced innovation. The Proposed Acquisition would also eliminate substantial competition between Zimmer and Biomet in the market for total elbow implants. Market participants indicate that Zimmer and Biomet total elbow implants are each other's next best alternative based upon design similarities and comparable clinical outcomes. As close substitutes, Zimmer and Biomet currently compete directly, including on price and service. Zimmer's Palacos and Biomet's Cobalt Bone Cement products are particularly close substitutes that currently compete aggressively against each other. Absent a remedy, the Proposed Acquisition would result in the loss of substantial price competition between Zimmer and Biomet for the sales of their products. The Consent Agreement The Consent Agreement eliminates the competitive concerns raised by the Proposed Acquisition by requiring Zimmer and Biomet to divest all U.S. assets and rights related to Zimmer's ZUK unicondylar knee implant to Smith & Nephew and all U.S. assets and rights related to Biomet's Discovery Total Elbow implant and Cobalt Bone Cement to DJO. This divestiture will preserve the competition that currently exists in each of the relevant markets. Smith & Nephew is a global specialty pharmaceutical company headquartered in London, United Kingdom. Smith & Nephew employs more than 14,000 employees worldwide with approximately 6,225 employees in the United States. In 2014, Smith & Nephew generated worldwide revenues of approximately $5.8 billion, of which approximately $1.5 billion came from its orthopedic reconstruction business. DJO develops, manufactures, and distributes a wide range of medical devices, including orthopedic implants. Headquartered in Vista, California, DJO employs 5,200 people, and had revenues of approximately $1.2 billion in 2014. DJO's orthopedic implant business had approximately $100 million in 2014 revenues. Pursuant to the Order, Smith & Nephew will receive all U.S. assets and rights related to the ZUK unicondylar knee product, including intellectual property, manufacturing technology, and existing inventory. Zimmer is also required to waive any non-compete employment clauses and assist in facilitating employment interviews between key employees and sales representatives from Zimmer distributors who currently sell the ZUK. The Order further requires Zimmer to provide transitional services to Smith & Nephew to assist them in establishing their manufacturing capabilities and securing all necessary FDA approvals. The Order requires Biomet to divest all U.S. assets and rights necessary to enable DJO to become an independently viable and effective competitor in the total elbow implant and bone cement markets. Biomet is required to divest to DJO all of its U.S. assets and rights to research, develop, manufacture, market, and sell its total elbow implant and bone cement products, including all related intellectual property, manufacturing technology, and existing inventory. Biomet will also divest all U.S. assets and rights to its bone cement accessories, which consist of mixing and delivery systems that allow surgeons to control the bone cement ingredients to ensure a complete and consistent bone cement mixture and to apply cement onto an implant accurately. Hospitals and group purchasing organizations frequently purchase bone cement and bone cement accessories together. Further, the Order facilitates DJO's hiring of the Biomet sales representatives and employees whose responsibilities are related to bone cement and total elbow implants. The Order requires Zimmer and Biomet to divest their respective U.S. assets and rights to the divested products no later than ten days after the Proposed Acquisition is consummated or on the date the Order becomes final, whichever is earlier. If the Commission determines that Smith & Nephew or DJO is not an acceptable acquirer, or that the manner of the divestiture is not acceptable, the Order requires Zimmer and Biomet to unwind the sale and divest the products within six months of the date the Order becomes final to another Commission-approved acquirer or acquirers. In that circumstance, the Commission may appoint a trustee to accomplish the divestiture if the parties fail to divest the products. The Commission has agreed to appoint an interim monitor to ensure that Zimmer and Biomet comply with all of their obligations pursuant to the Consent Agreement and to keep the Commission informed about the status of the transfer of the assets and rights to Smith & Nephew and DJO. [[Page 37263]] The purpose of this analysis is to facilitate public comment on the proposed Consent Agreement, and it is not intended to constitute an official interpretation of the proposed Order or to modify its terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2015-16081 Filed 6-29-15; 8:45 am] BILLING CODE 6750-01-P
![Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices 37259
Section 96.17(d) requires that FSS innovation and investment in mobile Board of Governors of the Federal Reserve
Earth Station licensees register annually broadband use in this spectrum while System, June 25, 2015.
with the SAS to receive interference protecting incumbent users. Without Michael J. Lewandowski,
protection. this information, the Commission would Associate Secretary of the Board.
Section 96.21(a)(3) requires that not be able to carry out its statutory [FR Doc. 2015–16015 Filed 6–29–15; 8:45 am]
existing commercial wireless broadband responsibilities. BILLING CODE 6210–01–P
licensees operating in the band register Federal Communications Commission.
in order to receive interference
Gloria J. Miles,
protection. FEDERAL RESERVE SYSTEM
Sections 96.23(b); 96.33(b); 96.39(a)(1) Federal Register Liaison Officer, Office of the
Secretary. Change in Bank Control Notices;
and (c)–(e); 96.43(b); 96.45(d) require
that the Citizens Broadband Radio [FR Doc. 2015–15999 Filed 6–29–15; 8:45 am] Acquisitions of Shares of a Bank or
Services Devices (CBSDs), which will BILLING CODE 6712–01–P Bank Holding Company
operate on the Citizens Broadband The notificants listed below have
Radio Service, must be registered with applied under the Change in Bank
an SAS before use, provide specified Control Act (12 U.S.C. 1817(j)) and
information to the SAS, and adhere to FEDERAL RESERVE SYSTEM
§ 225.41 of the Board’s Regulation Y (12
certain operating parameters. CFR 225.41) to acquire shares of a bank
Formations of, Acquisitions by, and
Section 96.35(e) requires that users or bank holding company. The factors
Mergers of Bank Holding Companies
operating Category B CBSDs must that are considered in acting on the
coordinate among each other and The companies listed in this notice notices are set forth in paragraph 7 of
resolve interference through have applied to the Board for approval, the Act (12 U.S.C. 1817(j)(7)).
technological solutions or other pursuant to the Bank Holding Company The notices are available for
agreements. Act of 1956 (12 U.S.C. 1841 et seq.) immediate inspection at the Federal
Sections 96.39(a) and (b) require that Reserve Bank indicated. The notices
(BHC Act), Regulation Y (12 CFR part
CBSDs report their geographic also will be available for inspection at
225), and all other applicable statutes
coordinates to an SAS automatically the offices of the Board of Governors.
and regulations to become a bank
through the device or by a professional Interested persons may express their
holding company and/or to acquire the
installer. views in writing to the Reserve Bank
assets or the ownership of, control of, or
Sections 96.39(f) and (g) require that indicated for that notice or to the offices
the power to vote shares of a bank or
CBSDs incorporate sufficient security of the Board of Governors. Comments
bank holding company and all of the
measures so that they are only able to must be received not later than July 15,
banks and nonbanking companies
communicate with the SAS and 2015.
owned by the bank holding company,
approved users and devices. A. Federal Reserve Bank of San
Section 96.41(d)(1) requires that including the companies listed below.
Francisco (Gerald C. Tsai, Director,
licensees must report the use of an The applications listed below, as well
Applications and Enforcement) 101
alternative Received Signal Strength as other related filings required by the
Market Street, San Francisco, California
Limit (RSSL) to the SAS. Board, are available for immediate
94105–1579:
Section 96.51 requires that inspection at the Federal Reserve Bank 1. Irving Moore Feldkamp, III, The
manufacturers include a statement of indicated. The applications will also be Irving M. Feldkamp and Pamela Jo
compliance with the Commission’s available for inspection at the offices of Feldkamp Family Trust of 2003, both of
Radio Frequency (RF) safety rules with the Board of Governors. Interested Redlands, California, Irving M.
equipment authorization applications. persons may express their views in Feldkamp, IV, Paragold, LP, both of San
Sections 96.57(a)–(c); 96.59(a); 96.61 writing on the standards enumerated in Bernardino, California, and Burlington
require that the SAS be capable of the BHC Act (12 U.S.C. 1842(c)). If the National Indemnity, Ltd., Grand
receiving registration and technical proposal also involves the acquisition of Cayman, Cayman Island; to acquire
information from CBSDs, SASs, and a nonbanking company, the review also voting shares of Seacoast Commerce
ESCs, as well as employ secure includes whether the acquisition of the Banc Holdings, and thereby indirectly
communication protocols. nonbanking company complies with the acquire voting shares of Seacoast
Section 96.63 requires that SAS standards in section 4 of the BHC Act Commerce Bank, both in San Diego,
Administrator applicants must (12 U.S.C. 1843). Unless otherwise California.
demonstrate to the Commission that noted, nonbanking activities will be Board of Governors of the Federal
they are qualified to manage an SAS. conducted throughout the United States. Reserve System,
Section 96.67 requires that an Unless otherwise noted, comments
Environmental Sensing Capability June 25, 2015.
regarding each of these applications
(ESC), used to protect federal radar Michael J. Lewandowski,
must be received at the Reserve Bank
systems from interference, may only indicated or the offices of the Board of
Associate Secretary of the Board.
operate after receiving Commission Governors not later than July 24, 2015. [FR Doc. 2015–16016 Filed 6–29–15; 8:45 am]
approval and be able to communicate BILLING CODE 6210–01–P
information about the presence of a A. Federal Reserve Bank of St. Louis
federal system and maintain security of (Yvonne Sparks, Community
asabaliauskas on DSK5VPTVN1PROD with NOTICES
the detected signals. Development Officer) P.O. Box 442, St.
FEDERAL TRADE COMMISSION
These rules which contain Louis, Missouri 63166–2034:
information collection requirements are 1. BankFirst Capital Corporation, [File No. 141–0144]
designed to provide for flexible use of Macon, Mississippi; to merge with
Zimmer Holdings, Inc. and Biomet,
this spectrum, while managing three Newton County Bancorporation, Inc.,
Inc.; Analysis of Proposed Consent
tiers of users in the band, and create a and thereby indirectly acquire Newton
Order To Aid Public Comment
low-cost entry point for a wide array of County Bank, both in Newton,
users. The rules will encourage Mississippi. AGENCY: Federal Trade Commission.
VerDate Sep<11>2014 17:34 Jun 29, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1](https://thefederalregister.org/doc/80_FR_37384/page/1.svg)
![37260 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
ACTION: Proposed consent agreement. your comment, we must receive it on or instructions on the web-based form. If
before July 24, 2015. Write ‘‘Zimmer this Notice appears at http://
SUMMARY: The consent agreement in this Holdings, Inc. and Biomet, Inc.— www.regulations.gov/#!home, you also
matter settles alleged violations of Consent Agreement; File No. 141–0144’’ may file a comment through that Web
federal law prohibiting unfair methods on your comment. Your comment— site.
of competition. The attached Analysis to including your name and your state— If you file your comment on paper,
Aid Public Comment describes both the will be placed on the public record of write ‘‘Zimmer Holdings, Inc. and
allegations in the draft complaint and this proceeding, including, to the extent Biomet, Inc.—Consent Agreement; File
the terms of the consent order— practicable, on the public Commission No. 141–0144’’ on your comment and
embodied in the consent agreement— Web site, at http://www.ftc.gov/os/ on the envelope, and mail your
that would settle these allegations. publiccomments.shtm. As a matter of comment to the following address:
DATES: Comments must be received on discretion, the Commission tries to Federal Trade Commission, Office of the
or before July 24, 2015. remove individuals’ home contact Secretary, 600 Pennsylvania Avenue
ADDRESSES: Interested parties may file a information from comments before NW., Suite CC–5610 (Annex D),
comment at https:// placing them on the Commission Web Washington, DC 20580, or deliver your
ftcpublic.commentworks.com/ftc/ site. comment to the following address:
zimmerbiometconsent online or on Because your comment will be made Federal Trade Commission, Office of the
paper, by following the instructions in public, you are solely responsible for Secretary, Constitution Center, 400 7th
the Request for Comment part of the making sure that your comment does Street SW., 5th Floor, Suite 5610
SUPPLEMENTARY INFORMATION section not include any sensitive personal (Annex D), Washington, DC 20024. If
below. Write ‘‘Zimmer Holdings, Inc. information, like anyone’s Social possible, submit your paper comment to
and Biomet, Inc.—Consent Agreement; Security number, date of birth, driver’s the Commission by courier or overnight
File No. 141–0144’’ on your comment license number or other state service.
and file your comment online at identification number or foreign country Visit the Commission Web site at
https://ftcpublic.commentworks.com/ equivalent, passport number, financial http://www.ftc.gov to read this Notice
ftc/zimmerbiometconsent by following account number, or credit or debit card and the news release describing it. The
the instructions on the web-based form. number. You are also solely responsible FTC Act and other laws that the
If you prefer to file your comment on for making sure that your comment does Commission administers permit the
paper, write ‘‘Zimmer Holdings, Inc. not include any sensitive health collection of public comments to
and Biomet, Inc.—Consent Agreement; information, like medical records or consider and use in this proceeding as
File No. 141–0144’’ on your comment other individually identifiable health appropriate. The Commission will
and on the envelope, and mail your information. In addition, do not include consider all timely and responsive
comment to the following address: any ‘‘[t]rade secret or any commercial or public comments that it receives on or
Federal Trade Commission, Office of the financial information which . . . is before July 24, 2015. For information on
Secretary, 600 Pennsylvania Avenue privileged or confidential,’’ as discussed the Commission’s privacy policy,
NW., Suite CC–5610 (Annex D), in Section 6(f) of the FTC Act, 15 U.S.C. including routine uses permitted by the
Washington, DC 20580, or deliver your 46(f), and FTC Rule 4.10(a)(2), 16 CFR Privacy Act, see http://www.ftc.gov/ftc/
comment to the following address: 4.10(a)(2). In particular, do not include privacy.htm.
Federal Trade Commission, Office of the competitively sensitive information
such as costs, sales statistics, Analysis of Agreement Containing
Secretary, Constitution Center, 400 7th Consent Order To Aid Public Comment
Street SW., 5th Floor, Suite 5610 inventories, formulas, patterns, devices,
(Annex D), Washington, DC 20024. manufacturing processes, or customer Introduction
names.
FOR FURTHER INFORMATION CONTACT: If you want the Commission to give The Federal Trade Commission
Christine Tasso, Bureau of Competition, your comment confidential treatment, (‘‘Commission’’) has accepted from
(202–326–2232), 600 Pennsylvania you must file it in paper form, with a Zimmer Holdings, Inc. (‘‘Zimmer’’),
Avenue NW., Washington, DC 20580. request for confidential treatment, and subject to final approval, an Agreement
SUPPLEMENTARY INFORMATION: Pursuant you have to follow the procedure Containing Consent Order (‘‘Consent
to Section 6(f) of the Federal Trade explained in FTC Rule 4.9(c), 16 CFR Agreement’’), which is designed to
Commission Act, 15 U.S.C. 46(f), and 4.9(c).1 Your comment will be kept remedy the anticompetitive effects
FTC Rule 2.34, 16 CFR 2.34, notice is confidential only if the FTC General likely to result from Zimmer’s proposed
hereby given that the above-captioned Counsel, in his or her sole discretion, acquisition of Biomet, Inc. (‘‘Biomet’’).
consent agreement containing consent grants your request in accordance with Under the terms of the proposed
order to cease and desist, having been the law and the public interest. Decision and Order (‘‘Order’’) contained
filed with and accepted, subject to final Postal mail addressed to the in the Consent Agreement, Zimmer and
approval, by the Commission, has been Commission is subject to delay due to Biomet must divest Zimmer’s
placed on the public record for a period heightened security screening. As a Unicompartmental High Flex Knee
of thirty (30) days. The following result, we encourage you to submit your System (‘‘ZUK’’) business in the United
Analysis to Aid Public Comment comments online. To make sure that the States to Smith & Nephew, Inc. (‘‘Smith
describes the terms of the consent Commission considers your online & Nephew’’) and divest Biomet’s
agreement, and the allegations in the comment, you must file it at https:// Discovery Elbow and Cobalt Bone
asabaliauskas on DSK5VPTVN1PROD with NOTICES
complaint. An electronic copy of the ftcpublic.commentworks.com/ftc/ Cement businesses in the United States
full text of the consent agreement zimmerbiometconsent by following the to DJO Global, Inc. (‘‘DJO’’).
package can be obtained from the FTC The Consent Agreement has been
Home Page (for June 24, 2015), on the 1 In particular, the written request for confidential placed on the public record for 30 days
World Wide Web, at http://www.ftc.gov/ treatment that accompanies the comment must to solicit comments from interested
include the factual and legal basis for the request,
os/actions.shtm. and must identify the specific portions of the
persons. Comments received during this
You can file a comment online or on comment to be withheld from the public record. See period will become part of the public
paper. For the Commission to consider FTC Rule 4.9(c), 16 CFR 4.9(c). record. After 30 days, the Commission
VerDate Sep<11>2014 17:34 Jun 29, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1](https://thefederalregister.org/doc/80_FR_37384/page/2.svg)
![Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices 37263
The purpose of this analysis is to DEPARTMENT OF HEALTH AND a final rule, advice on the scientific
facilitate public comment on the HUMAN SERVICES validity and quality of dose estimation
proposed Consent Agreement, and it is and reconstruction efforts being
not intended to constitute an official Centers for Disease Control and performed for purposes of the
interpretation of the proposed Order or Prevention compensation program, and advice on
to modify its terms in any way. petitions to add classes of workers to the
Advisory Board on Radiation and Special Exposure Cohort (SEC).
By direction of the Commission. Worker Health (ABRWH or Advisory In December 2000, the President
Donald S. Clark, Board), National Institute for delegated responsibility for funding,
Secretary. Occupational Safety and Health staffing, and operating the Advisory
[FR Doc. 2015–16081 Filed 6–29–15; 8:45 am] (NIOSH) Board to HHS, which subsequently
BILLING CODE 6750–01–P
In accordance with section 10(a)(2) of delegated this authority to the CDC.
the Federal Advisory Committee Act NIOSH implements this responsibility
(Pub. L. 92–463), and pursuant to the for CDC. The charter was issued on
requirements of 42 CFR 83.15(a), the August 3, 2001, renewed at appropriate
GENERAL SERVICES intervals, and will expire on August 3,
Centers for Disease Control and
ADMINISTRATION 2015.
Prevention (CDC), announces the
following meeting of the Purpose: This Advisory Board is
[Notice–CECANF–2015–06; Docket No. aforementioned committee: charged with (a) providing advice to the
2015–0006; Sequence No. 6] Times and Dates (All times are Secretary, HHS, on the development of
Mountain Time): guidelines under Executive Order
Commission To Eliminate Child Abuse 13179; (b) providing advice to the
and Neglect Fatalities; Cancellation of 8:15 a.m.–5:30 p.m., Mountain Time,
Secretary, HHS, on the scientific
Meeting July 23, 2015
validity and quality of dose
8:15 a.m.–12:00 p.m., Mountain Time,
reconstruction efforts performed for this
AGENCY: Commission to Eliminate Child July 24, 2015
program; and (c) upon request by the
Abuse and Neglect Fatalities, General Public Comment Times and Dates (All Secretary, HHS, advising the Secretary
Services Administration. times are Mountain Time): on whether there is a class of employees
5:30 p.m.–6:30 p.m.,* Mountain Time, at any Department of Energy facility
ACTION: Meeting Cancellation. July 23, 2015 who were exposed to radiation but for
*Please note that the public comment whom it is not feasible to estimate their
SUMMARY: The Commission to Eliminate
period may end before the time radiation dose, and on whether there is
Child Abuse and Neglect Fatalities
indicated, following the last call for reasonable likelihood that such
(CECANF), a Federal Advisory
comments. Members of the public who radiation doses may have endangered
Committee established by the Protect
wish to provide public comments the health of members of this class.
Our Kids Act of 2012, published a
should plan to attend the public Matters for Discussion: The agenda for
Federal Register notice at 80 FR 36340,
comment session at the start time listed. the Advisory Board meeting includes:
on June 24, 2015, announcing a meeting
Place: Residence Inn by Marriott, 635 NIOSH Program Update; Department of
on July 1, 2015. The meeting has been
West Broadway, Idaho Falls, Idaho Labor Program Update; Department of
cancelled.
83402, Phone: 208–542–0000; Fax: 208– Energy Program Update; SEC Issues
DATES: Effective: June 24, 2015. 542–0021. Audio Conference Call via Work Group Report on ‘‘Sufficient
FTS Conferencing. The USA toll-free, Accuracy/Co-Worker Dose Modeling’’;
FOR FURTHER INFORMATION CONTACT: Visit
dial-in number is 1–866–659–0537 with Report by the Dose Reconstruction
the CECANF Web site at https://
a pass code of 9933701. Live Meeting Review Methods Work Group; SEC
eliminatechildabusefatalities.
CONNECTION: https:// Petitions Update; SEC petitions for:
sites.usa.gov/ or contact Patricia
www.livemeeting.com/cc/cdc/join?id Carborundum Company (1943–1976;
Brincefield, Communications Director,
9RTB4M&role=attend&pw=ABRWH; Niagara Falls, New York), Rocky Flats
at 202–818–9596, U.S. General Services
Meeting ID: 9RTB4M; Entry Code: Plant (1984–1989; Golden, Colorado),
Administration, 1800 F Street NW.,
ABRWH. Idaho National Laboratory (1949–1970;
Room 7003D, Washington DC 20405, Status: Open to the public, limited
Attention: Tom Hodnett (CD) for Scoville, Idaho), and Kansas City Plant
only by the space available. The meeting (1949–1993; Kansas City, Missouri); and
CECANF. space accommodates approximately 100 Board Work Sessions.
SUPPLEMENTARY INFORMATION: The people. The agenda is subject to change as
Commission to Eliminate Child Abuse Background: The Advisory Board was priorities dictate.
and Neglect Fatalities (CECANF) established under the Energy Employees In the event an individual cannot
published a Federal Register notice at Occupational Illness Compensation attend, written comments may be
80 FR 36340, on June 24, 2015, Program Act of 2000 to advise the submitted to the contact person below
announcing a public meeting on July 1, President on a variety of policy and well in advance of the meeting. Any
2015 in Washington, DC. The meeting technical functions required to written comments received will be
has been cancelled due to a lack of implement and effectively manage the provided at the meeting in accordance
new compensation program. Key with the redaction policy provided
asabaliauskas on DSK5VPTVN1PROD with NOTICES
availability of invitees. At this time,
there are no plans to reschedule the functions of the Advisory Board include below.
event. providing advice on the development of Policy on Redaction of Board Meeting
probability of causation guidelines Transcripts (Public Comment): (1) If a
Dated: June 24, 2015. which have been promulgated by the person making a comment gives his or
Amy Templeman, Department of Health and Human her personal information, no attempt
Acting Executive Director. Services (HHS) as a final rule, advice on will be made to redact the name;
[FR Doc. 2015–16040 Filed 6–29–15; 8:45 am] methods of dose reconstruction which however, NIOSH will redact other
BILLING CODE 6820–34–P have also been promulgated by HHS as personally identifiable information,
VerDate Sep<11>2014 17:34 Jun 29, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1](https://thefederalregister.org/doc/80_FR_37384/page/5.svg)
Document Created: 2018-02-22 11:17:06
Document Modified: 2018-02-22 11:17:06
| 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 | |
| Action | Proposed consent agreement. | |
| Dates | Comments must be received on or before July 24, 2015. | |
| Contact | Christine Tasso, Bureau of Competition, (202-326-2232), 600 Pennsylvania Avenue NW., Washington, DC 20580. | |
| FR Citation | 80 FR 37259 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR