82 FR 17263 - American Guild of Organists; Analysis To Aid Public Comment
FEDERAL TRADE COMMISSION Federal Register Volume 82, Issue 67 (April 10, 2017)
Federal Register Volume 82, Issue 67 (April 10, 2017)
| Page Range | 17263-17265 | |
| FR Document | 2017-07070 |
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)] [Notices] [Pages 17263-17265] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07070] ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION [File No. 151 0159] American Guild of Organists; Analysis To Aid Public Comment AGENCY: Federal Trade Commission. 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 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 May 2, 2017. ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/americanguildconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ``In the Matter of American Guild of Organists; File No. 151-0159'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/americanguildconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ``In the Matter of American Guild of Organists; File No. 151-0159'' 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: Karen A. Mills (202-326-2052), Bureau of Competition, 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 orders 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 March 31, 2017), 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 May 2, 2017. Write ``In the Matter of American Guild of Organists; File No. 151- 0159'' 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 https://www.ftc.gov/policy/public-comments. 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 [[Page 17264]] 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/americanguildconsent 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 ``In the Matter of American Guild of Organists; File No. 151-0159'' 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. 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 May 2, 2017. You can find more information, including routine uses permitted by the Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm. Analysis of Agreement Containing Consent Order To Aid Public Comment The Federal Trade Commission (``Commission'') has accepted, subject to final approval, an Agreement Containing Consent Order (``Consent Agreement'') from the American Guild of Organists (hereinafter ``the AGO''). The Commission's complaint (``Complaint'') alleges that the AGO, acting as a combination of its members and in agreement with at least some of its members, restrained competition among its members and others in violation of Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45, by adopting and maintaining provisions in its Code of Ethics that restrain AGO members from freely seeking or accepting work, and by recommending that its members use standard fees and approaches to determine compensation for members' services. This likely raised prices for consumers seeking to employ organists for special occasions, as well as the organizations that employed organists. The proposed Consent Agreement requires the AGO to cease and desist from restraining competition among its members, including by restricting members' freedom to seek or accept work, or by restraining price competition among members. The Commission anticipates that accepting the proposed order, subject to final approval, contained in the Consent Agreement, will resolve the competitive issues described in the Complaint. The proposed Consent Agreement has been placed on the public record for 30 days for receipt of comments from interested members of the public. Comments received during this period will become part of the public record. After 30 days, the Commission will review the Consent Agreement again and the comments received, and will decide whether it should withdraw from the Consent Agreement or make final the accompanying Decision and Order (``the Proposed Order''). This Analysis to Aid Public Comment seeks to invite and facilitate public comment. It does not constitute an official interpretation of the proposed Consent Agreement and the accompanying Proposed Order or in any way modify their terms. The Consent Agreement is for settlement purposes only and does not constitute an admission by the AGO that the law has been violated as alleged in the Complaint or that the facts alleged in the Complaint, other than jurisdictional facts, are true. I. The Complaint The Complaint makes the following allegations. A. The Respondent and the Provisions at Issue The AGO is a non-profit trade association. The AGO has approximately 15,000 members organized in more than 300 chapters throughout the United States and abroad. The AGO membership includes organists and choral conductors. The AGO's members provide services as organists and choral conductors for a fee. The AGO maintains a Code of Ethics applicable to the commercial activities of its members. The Code of Ethics states in part that, ``Members shall not seek or appear to be seeking employment for themselves, a student, or a colleague, in a position held by someone else . . .'' and ``Members shall obtain the approval of the incumbent musician before accepting an engagement for a wedding, funeral, or other service requested by a third party. In such cases, the incumbent should receive his/her customary fee, and the third party is expected to provide it. It is the responsibility of the guest member to inform the third party of this rule.'' The AGO adopted standardized documents relating to compensation, including fee schedules, a salary guide, worksheets for calculating work performed, and model contract provisions for members to (hereinafter ``compensation guidelines''). The fee schedules cover the fees to be charged for such work as rehearsals, performing as a substitute, weddings, funerals, rehearsals, contracting additional musicians, mileage reimbursement, and cancelled services, and include a formula for its chapters and members to use for geographic adjustment of the compensation baselines. B. The Anticompetitive Conduct The FTC investigated the provisions of the AGO's Code of Ethics and compensation guidelines that allegedly restrained competition and harmed consumers, and which had generated consumer and organist complaints. The Complaint alleges that the AGO violated Section 5 of the Federal Trade Commission Act by agreeing to restrain competition among organists and choral conductors. The AGO's adoption and enforcement of the Code of Ethics and compensation guidelines represent agreements among competitors not to compete. The Code of Ethics limits the freedom of organists and choral directors to seek or accept positions and engagements. The compensation guidelines limit price competition and impose additional costs on consumers. For consumers who wanted to employ an organist of their choice for a wedding, funeral, or other occasion, the AGO's Code of Ethics included a provision that had the effect of requiring some consumers to pay for the services of two organists--the organist they chose and hired, and the incumbent organist of the venue location even though only the first organist performed. The provisions and enforcement of the AGO's Code of Ethics, as well as its compensation guidelines, likely increased prices for consumers and those that employed organists as choral directors or in permanent organist positions. The AGO adopted the Code of Ethics, educates members about the Code of Ethics, exhorts its members to follow the Code of Ethics, and enforces the Code of Ethics. The AGO may expel a member that fails to abide by the Code of Ethics. [[Page 17265]] The AGO instructs its chapters to use AGO's compensation schedules and formulas to develop regionally applicable compensation schedules. AGO chapters used the AGO compensation schedules and formulas to develop and publicize regionally applicable compensation schedules. AGO members used the compensation schedules to determine what to charge for their services. The purpose, effect, tendency, or capacity of the combination, agreement, acts and practices of the AGO has been and is to restrain competition unreasonably and to injure consumers by discouraging and restricting competition among organists and choral directors. II. The Proposed Order The Proposed Order has the following substantive provisions. Paragraph II of the Proposed Order requires the AGO to cease and desist from restraining or declaring unethical, interfering with, or advising against price competition by members, and from creating or recommending lists, guidelines, or model contract provisions for its members to use to determine fees or compensation. It also requires the AGO to cease and desist from restricting members freedom to seek or accept positions or engagements. Paragraph II also prohibits the AGO from accepting as a chapter or maintaining a relationship with any chapter that the AGO knows engages in conduct prohibited by the Proposed Order. Paragraph III of the Proposed Order requires the AGO to remove from its organization documents and Web site any statement inconsistent with the Proposed Order, including the challenged Code of Ethics restrictions. The AGO must publicize to its members, new members, leaders, employees, and the public the changes the AGO must make to the Code of Ethics, and a statement describing the Consent Agreement. Paragraph III also requires the AGO to terminate recognition of chapters that fail to certify Compliance with the Proposed Order, and chapters that the AGO learns have engaged in any prohibited practice, if such chapters do not commit to ending such practices. Paragraph IV of the Proposed Order requires the AGO to design, maintain, and operate an antitrust compliance program. Paragraphs V-VII contain standard reporting, notification, and cooperation requirements. The Proposed Order will expire in 20 years; the Proposed Order limits certain provisions to a period of five years. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2017-07070 Filed 4-7-17; 8:45 am] BILLING CODE 6750-01-P
![Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices 17263
manufacturing facilities within the U.S. FEDERAL TRADE COMMISSION full text of the consent agreement
AMVAC is an experienced player in the package can be obtained from the FTC
[File No. 151 0159]
agrochemical segments in which Home Page (for March 31, 2017), on the
ADAMA and Syngenta operate, and American Guild of Organists; Analysis World Wide Web, at http://www.ftc.gov/
sells to the same customer base. To Aid Public Comment os/actions.shtm.
AMVAC currently manufactures and You can file a comment online or on
formulates a large number of crop AGENCY: Federal Trade Commission. paper. For the Commission to consider
protection chemicals including ACTION: Proposed consent agreement. your comment, we must receive it on or
before May 2, 2017. Write ‘‘In the Matter
herbicides, insecticides, and fungicides. SUMMARY: The consent agreement in this of American Guild of Organists; File No.
The products to be divested will matter settles alleged violations of 151–0159’’ on your comment. Your
complement its current product lines. federal law prohibiting unfair methods comment—including your name and
Finally, due to its wide spectrum of of competition. The attached Analysis to your state—will be placed on the public
crop protection products, AMVAC is Aid Public Comment describes both the record of this proceeding, including, to
well placed to develop, register, and allegations in the complaint and the the extent practicable, on the public
market new combination products, terms of the consent order—embodied Commission Web site, at https://
further improving scale in both crop in the consent agreement—that would www.ftc.gov/policy/public-comments.
protection and turf and ornamental settle these allegations. As a matter of discretion, the
applications. DATES: Comments must be received on Commission tries to remove individuals’
Pursuant to the Consent Agreement, or before May 2, 2017. home contact information from
AMVAC (or another approved acquirer) ADDRESSES: Interested parties may file a comments before placing them on the
would acquire all of the assets and other comment at https:// Commission Web site.
ftcpublic.commentworks.com/ftc/ Because your comment will be made
such rights necessary to be an effective
americanguildconsent online or on public, you are solely responsible for
competitor for paraquat-, abamectin-, making sure that your comment does
and chlorothalonil-based crop paper, by following the instructions in
the Request for Comment part of the not include any sensitive personal
protection formulations. This will information, like anyone’s Social
include the U.S. product registrations SUPPLEMENTARY INFORMATION section
below. Write ‘‘In the Matter of American Security number, date of birth, driver’s
and registration data packages for both license number or other state
Guild of Organists; File No. 151–0159’’
the formulated products and the identification number or foreign country
on your comment and file your
technical active ingredients, all equivalent, passport number, financial
comment online at https://
intellectual property rights associated account number, or credit or debit card
ftcpublic.commentworks.com/ftc/
with the products including americanguildconsent by following the number. You are also solely responsible
confidential statements of formulation, instructions on the web-based form. If for making sure that your comment does
and inventories. The divesture also will you prefer to file your comment on not include any sensitive health
include a cost-competitive transitional paper, write ‘‘In the Matter of American information, like medical records or
supply agreement for the supply of Guild of Organists; File No. 151–0159’’ other individually identifiable health
paraquat with Sanonda, ADAMA’s low on your comment and on the envelope, information. In addition, do not include
cost paraquat supplier, which is and mail your comment to the following any ‘‘[t]rade secret or any commercial or
majority-owned by ChemChina, and a financial information which . . . is
address: Federal Trade Commission,
transitional services agreement with privileged or confidential,’’ as discussed
Office of the Secretary, 600
ADAMA. In addition, the Consent in Section 6(f) of the FTC Act, 15 U.S.C.
Pennsylvania Avenue NW., Suite CC–
46(f), and FTC Rule 4.10(a)(2), 16 CFR
Agreement requires the removal of crop 5610 (Annex D), Washington, DC 20580,
4.10(a)(2). In particular, do not include
protection products containing any one or deliver your comment to the
competitively sensitive information
of the three active ingredients from following address: Federal Trade
such as costs, sales statistics,
Syngenta’s loyalty program for three Commission, Office of the Secretary,
inventories, formulas, patterns, devices,
years. This nurturing provision is to Constitution Center, 400 7th Street SW.,
manufacturing processes, or customer
help ensure that AMVAC (or any 5th Floor, Suite 5610 (Annex D),
names.
approved acquirer) can step into the Washington, DC 20024. If you want the Commission to give
shoes of ADAMA and ultimately retain FOR FURTHER INFORMATION CONTACT: your comment confidential treatment,
its competitiveness and scale. Karen A. Mills (202–326–2052), Bureau you must file it in paper form, with a
of Competition, 600 Pennsylvania request for confidential treatment, and
The purpose of this analysis is to
Avenue NW., Washington, DC 20580. you have to follow the procedure
facilitate public comment on the
SUPPLEMENTARY INFORMATION: Pursuant explained in FTC Rule 4.9(c), 16 CFR
Consent Agreement. It is not intended to
to Section 6(f) of the Federal Trade 4.9(c).1 Your comment will be kept
constitute an official interpretation of
Commission Act, 15 U.S.C. 46(f), and confidential only if the FTC General
the proposed Order or to modify its
FTC Rule 2.34, 16 CFR 2.34, notice is Counsel, in his or her sole discretion,
terms in any way.
hereby given that the above-captioned grants your request in accordance with
By direction of the Commission. consent agreement containing consent the law and the public interest.
orders to cease and desist, having been Postal mail addressed to the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Donald S. Clark,
Secretary. filed with and accepted, subject to final Commission is subject to delay due to
[FR Doc. 2017–07069 Filed 4–7–17; 8:45 am]
approval, by the Commission, has been heightened security screening. As a
placed on the public record for a period
BILLING CODE 6750–01–P
of thirty (30) days. The following 1 In particular, the written request for confidential
Analysis to Aid Public Comment treatment that accompanies the comment must
include the factual and legal basis for the request,
describes the terms of the consent and must identify the specific portions of the
agreement, and the allegations in the comment to be withheld from the public record. See
complaint. An electronic copy of the FTC Rule 4.9(c), 16 CFR 4.9(c).
VerDate Sep<11>2014 20:02 Apr 07, 2017 Jkt 241001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\10APN1.SGM 10APN1](https://thefederalregister.org/doc/82_FR_17330/page/1.svg)
![Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices 17265
The AGO instructs its chapters to use By direction of the Commission. Authority: Public Law 67–13, 42 Stat. 20
AGO’s compensation schedules and Donald S. Clark, (June 10, 1921).
formulas to develop regionally Secretary. James R. Dalkin,
applicable compensation schedules. [FR Doc. 2017–07070 Filed 4–7–17; 8:45 am] Director, Financial Management and
AGO chapters used the AGO Assurance, U.S. Government Accountability
BILLING CODE 6750–01–P
compensation schedules and formulas Office.
to develop and publicize regionally [FR Doc. 2017–07117 Filed 4–7–17; 8:45 am]
applicable compensation schedules. BILLING CODE 1610–02–P
AGO members used the compensation
GOVERNMENT ACCOUNTABILITY
schedules to determine what to charge
OFFICE
for their services.
DEPARTMENT OF HEALTH AND
The purpose, effect, tendency, or Financial Management and Assurance; HUMAN SERVICES
capacity of the combination, agreement, Government Auditing Standards
acts and practices of the AGO has been Centers for Disease Control and
and is to restrain competition AGENCY:U.S. Government Prevention
unreasonably and to injure consumers Accountability Office.
by discouraging and restricting Meeting Notice; Advisory Council for
competition among organists and choral ACTION: Notice of document availability. the Elimination of Tuberculosis (ACET)
directors.
SUMMARY: On April 5, 2017, the U.S. In accordance with section 10(a) (2) of
II. The Proposed Order the Federal Advisory Committee Act
Government Accountability Office
The Proposed Order has the following (GAO) issued an exposure draft of (Pub. L. 92–463), the Centers for Disease
substantive provisions. proposed revisions to Government Control and Prevention (CDC)
Paragraph II of the Proposed Order Auditing Standards (GAGAS), also announces the following meeting of the
requires the AGO to cease and desist known as the Yellow Book. To help aforementioned committee:
from restraining or declaring unethical, ensure that the standards continue to TIME AND DATE: 10:00 a.m.–3:30 p.m.,
interfering with, or advising against meet the needs of the government EDT, April 11, 2017.
price competition by members, and community and the public it serves, the PLACE: Web conference.
from creating or recommending lists, Comptroller General of the United Toll free number 1–877–927–1433,
guidelines, or model contract provisions States appointed the Advisory Council Participant Code: 12016435.
for its members to use to determine fees on Government Auditing Standards to To join the meeting: https://
or compensation. It also requires the review GAO’s proposed revisions of the adobeconnect.cdc.gov/r5p8l2tytpq/.
AGO to cease and desist from restricting standards and consider other necessary STATUS: Open to the public, limited only
members freedom to seek or accept changes. The advisory council includes by the number of ports available for the
positions or engagements. Paragraph II experts from all levels of government, web conference. The meeting
also prohibits the AGO from accepting the private sector, and academia. This accommodates 100 ports. Persons who
as a chapter or maintaining a exposure draft includes the advisory desire to make an oral statement, may
relationship with any chapter that the council’s input regarding the proposed request it at the time of the public
AGO knows engages in conduct changes. We are requesting public comment period on April 11, 2017 at
prohibited by the Proposed Order. comments on the proposed revisions in 3:20 p.m. EDT). Public participation and
Paragraph III of the Proposed Order the 2017 exposure draft. ability to comment will be limited to
requires the AGO to remove from its space and time as it permits.
GAO first issued the standards in
organization documents and Web site 1972. The proposed changes in the PURPOSE: This council advises and
any statement inconsistent with the exposure draft update GAGAS to reflect makes recommendations to the
Proposed Order, including the Secretary of Health and Human
major developments in the
challenged Code of Ethics restrictions. Services, the Assistant Secretary for
accountability and audit professions
The AGO must publicize to its Health, and the Director, CDC, regarding
and emphasize specific considerations
members, new members, leaders, the elimination of tuberculosis (TB).
applicable to the government
employees, and the public the changes Specifically, the Council makes
environment.
the AGO must make to the Code of recommendations regarding policies,
Ethics, and a statement describing the DATES: Comments will be accepted strategies, objectives, and priorities;
Consent Agreement. Paragraph III also through July 6, 2017. addresses the development and
requires the AGO to terminate application of new technologies; and
recognition of chapters that fail to ADDRESSES: A copy of the exposure draft reviews the extent to which progress has
certify Compliance with the Proposed (GAO–17–313SP) can be obtained on been made toward eliminating
Order, and chapters that the AGO learns the GAO Internet page at http:// tuberculosis.
have engaged in any prohibited practice, www.gao.gov/yellowbook. MATTERS FOR DISCUSSION: Agenda items
if such chapters do not commit to FOR FURTHER INFORMATION CONTACT: The include the following topics: (1) CDC’s
ending such practices. GAO Standards Team at (202) 512– Global TB Work; (2) Identifying and
Paragraph IV of the Proposed Order Eliminating Stigmatizing Language in
asabaliauskas on DSK3SPTVN1PROD with NOTICES
9535.
requires the AGO to design, maintain, TB Communications; (3) Discussion and
and operate an antitrust compliance SUPPLEMENTARY INFORMATION: To ensure Approval of the Essential Components
program. Paragraphs V–VII contain that your comments are considered by of Tuberculosis Prevention Control and
standard reporting, notification, and GAO and the advisory council in their Elimination Program Document; (4)
cooperation requirements. deliberations, please submit them by Updates from Workgroups; and (5) other
The Proposed Order will expire in 20 July 6, 2017. Please send your tuberculosis-related issues.
years; the Proposed Order limits certain comments electronically to Agenda items are subject to change as
provisions to a period of five years. YellowBookComments@gao.gov. priorities dictate.
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Document Created: 2017-04-08 03:31:40
Document Modified: 2017-04-08 03:31:40
| 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 May 2, 2017. | |
| Contact | Karen A. Mills (202-326-2052), Bureau of Competition, 600 Pennsylvania Avenue NW., Washington, DC 20580. | |
| FR Citation | 82 FR 17263 |
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