82 FR 40155 - National Association of Animal Breeders, Inc.; Analysis To Aid Public Comment
FEDERAL TRADE COMMISSION Federal Register Volume 82, Issue 163 (August 24, 2017)
Federal Register Volume 82, Issue 163 (August 24, 2017)
| Page Range | 40155-40157 | |
| FR Document | 2017-17880 |
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)] [Notices] [Pages 40155-40157] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17880] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION [File No. 151 0138] National Association of Animal Breeders, Inc.; 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 September 19, 2017. ADDRESSES: Interested parties may file a comment 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 National Association of Animal Breeders, Inc. File No. 1510138'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/cattleartificialinseminationconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ``In the Matter of National Association of Animal Breeders, Inc. File No. 1510138'' 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: Armando Irizarry (202-326-2964), 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 a 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 August 18, 2017), on the World Wide Web, at https://www.ftc.gov/news-events/commission-actions. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before September 19, 2017. Write ``In the Matter of National Association of Animal Breeders, Inc. File No. 1510138'' 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. 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/cattleartificialinseminationconsent 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 prefer to file your comment on paper, write ``In the Matter of National [[Page 40156]] Association of Animal Breeders, Inc. File No. 1510138'' 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. Because your comment will be placed on the publicly accessible FTC Web site at https://www.ftc.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else'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, such as medical records or other individually identifiable health information. In addition, your comment should not include any ``trade secret or any commercial or financial information which . . . is privileged or confidential''--as provided by 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)--including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ``Confidential,'' and must comply with FTC Rule 4.9(c). 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). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC Web site--as legally required by FTC Rule 4.9(b)--we cannot redact or remove your comment from the FTC Web site, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. Visit the FTC Web site 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 September 19, 2017. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy. 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 National Association of Animal Breeders, Inc. (``NAAB''). NAAB is a trade association of cattle artificial insemination firms. Dairy production in the United States is dependent on volume from more than 9.3 million cows, the market for which relies on services provided by NAAB member breeders. In 2008, the U.S. Department of Agriculture, with partial funding from the NAAB through a Cooperative Research and Development Agreement (``CRADA''), developed a new technology that is the best indicator of genetic merit of dairy bulls for use in artificial insemination in so far as yielding higher producing dairy cows. The Commission's complaint (``Complaint'') alleges that NAAB violated Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45, by restraining competition among its regular members in the use of this new technology, which dampened competition in the market for dairy bulls used for semen production. This matter reaffirms the longstanding rule that trade associations composed of members that compete among themselves, while typically serving important and procompetitive functions, must not adopt rules or regulations that unreasonably limit competition among their members. It also illustrates that industry groups that obtain valuable and unique technology from the government may not establish rules or regulations regarding that technology that unreasonably restrain competition. The 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 and comments received, and decide whether it should withdraw, modify, or make the Consent Agreement final. The Consent Agreement is for settlement purposes only and does not constitute an admission by NAAB that it has violated the law as alleged in the Complaint or that the facts alleged in the Complaint, other than jurisdictional facts, are true. The purpose of this Analysis to Aid Public Comment is to invite and facilitate public comment. It is not intended to constitute an official interpretation of the proposed Consent Agreement and the accompanying Proposed Order, or in any way modify their terms. I. The Complaint The Complaint makes the following allegations. NAAB is a non-profit corporation with about 24 regular members that compete among themselves and with others in the business of collecting, processing, freezing, marketing or selling dairy cattle semen for artificial insemination. NAAB's members buy dairy bulls from dairy farmers and breeders to produce semen for artificial insemination. NAAB members together account for more than 90 percent of dairy cattle semen sales in the United States. In September 2006, NAAB entered into a CRADA with the United States Department of Agriculture (``USDA'') to cooperate with a USDA laboratory in a project for developing the genomic testing technology described above. The CRADA granted NAAB exclusive access to the results of the CRADA project until February 2013. The CRADA did not restrain in any way the ability of NAAB or its members to use the new technology or to sell access to it, nor did it authorize NAAB or its members to adopt rules that restrain in any way the ability of its members to use the new technology or to sell access to it. By April 2008, the USDA laboratory had developed the new technology, known as the Genomic Predicted Transmitting Ability (``GPTA''), which analyzes the genetics of a dairy bull to predict the ability of the bull to transmit commercially important traits, such as milk yield, to its daughters. This new technology is superior to the traditional method of evaluating dairy bulls for semen production, and it became the best indicator of a dairy bull's [[Page 40157]] commercial value for transmitting genetic traits. In October 2008, more than two years after entering into the CRADA, NAAB approved a resolution that regulated its members' access to the new technology during the exclusivity period granted by the CRADA (through February 2013). NAAB acted as a combination of its members when it approved the resolution. The resolution required that for a NAAB member to obtain the GPTA of a dairy bull, the Member had to have one of the following interests in the bull: (a) Own the bull, (b) have an agreement to purchase at least a 30 percent interest in the bull, (c) have a lease on the bull, or (d) have an exclusive marketing agreement for the bull. The USDA laboratory was the only source of GPTAs during the exclusivity period. The Complaint alleges that NAAB's resolution harmed competition by diminishing competition for dairy bulls used for semen production. First, it impeded the development of a market in which dairy farmers and breeders could pay NAAB members to obtain GPTAs for their dairy bulls. Second, the resolution limited NAAB members from obtaining the GPTA of bulls in which they did not already have a financial interest. Access to a bull's GPTA prior to buying or selling it would tend to increase competition and drive the price of the bull toward a value that more accurately reflects its ability to yield higher producing dairy cows. After the exclusivity period expired in February 2013, GPTAs became available for a fee through an industry organization. The Complaint alleges that the purpose, effect, tendency or capacity of the resolution was to restrain competition unreasonably among NAAB's Members, and that this conduct injured dairy farmers and breeders by depriving them of the benefits of free and open competition. Therefore, the resolution constitutes an unfair method of competition that violates Section 5 of the Federal Trade Commission Act. II. The Proposed Order The Proposed Order has the following substantive provisions. Paragraph II requires NAAB to cease and desist from restraining the ability of its members to obtain, disclose, provide, use or sell any technology or information resulting from research projects conducted by, or pursuant to, an agreement to which NAAB is a party. The Proposed Order also prohibits NAAB from restraining price-related competition among its members relating to the sale or acquisition of bulls or bull semen. A proviso to Paragraph II specifies that the Proposed Order does not prohibit NAAB from engaging in any conduct that is reasonably necessary to achieve procompetitive benefits or efficiencies relating to NAAB's operation or to the operation of its members, provided that such benefits or efficiencies likely would offset the anticompetitive harms. Paragraph III requires that, for five years, NAAB notify the Commission if it adopts or modifies any regulation that restrains the ability of its members to obtain disclose, provide, sell or use any technology or information resulting from any research project. Paragraph V of the Proposed Order requires that NAAB implement an antitrust compliance program to ensure compliance with the Proposed Order and the antitrust laws. Paragraphs IV and VI-VIII of the Proposed Order impose certain standard reporting and compliance requirements on NAAB. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2017-17880 Filed 8-23-17; 8:45 am] BILLING CODE 6750-01-P
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more, and any BHC identified as a G– its assertion that disclosure would likely Breeders, Inc. File No. 1510138’’ on
SIB based on its method 1 score cause substantial competitive harm. To your comment and on the envelope, and
calculated as of December 31 of the the extent confidential data collected mail your comment to the following
previous calendar year 2 that does not under the FR Y–15 will be used for address: Federal Trade Commission,
otherwise meet the consolidated assets supervisory purposes, it may be exempt Office of the Secretary, 600
threshold for BHCs. The Board uses the from disclosure under Exemption 8 of Pennsylvania Avenue NW., Suite CC–
FR Y–15 data to monitor, on an ongoing FOIA, (5 U.S.C. 552(b)(8)). 5610 (Annex D), Washington, DC 20580,
basis, the systemic risk profile of Consultation Outside the Agency: The or deliver your comment to the
institutions which are subject to FR Y–15 was derived from data following address: Federal Trade
enhanced prudential standards under collections developed by the Basel Commission, Office of the Secretary,
section 165 of the Dodd-Frank Wall Committee on Banking Supervision Constitution Center, 400 7th Street SW.,
Street Reform and Consumer Protection (BCBS) to assess the global systemic 5th Floor, Suite 5610 (Annex D),
Act (Dodd-Frank Act).3 In addition, the importance of banks. The BCBS revised Washington, DC 20024.
FR Y–15 is used to (i) facilitate the its data collations in January 2017 after FOR FURTHER INFORMATION CONTACT:
implementation of the surcharge for G– consultation with representatives from Armando Irizarry (202–326–2964),
SIBs, (ii) identify other institutions numerous national supervisory Bureau of Competition, 600
which may present significant systemic authorities, including the Board.5 Many Pennsylvania Avenue NW., Washington,
risk, and (iii) analyze the systemic risk of the proposed revisions to the FR Y– DC 20580.
implications of proposed mergers and 15 would correspond to changes made SUPPLEMENTARY INFORMATION: Pursuant
acquisitions. to the BCBS data collection. to Section 6(f) of the Federal Trade
Proposed Revisions: The FR Y–15 Board of Governors of the Federal Reserve Commission Act, 15 U.S.C. 46(f), and
would be revised by (1) including System, August 21, 2017. FTC Rule 2.34, 16 CFR 2.34, notice is
Mexican pesos in total payments Ann E. Misback, hereby given that the above-captioned
activity on Schedule C and removing it Secretary of the Board. consent agreement containing a consent
from the Memorandum items; (2) adding order to cease and desist, having been
[FR Doc. 2017–17939 Filed 8–23–17; 8:45 am]
securities brokers to the definition of filed with and accepted, subject to final
BILLING CODE 6210–01–P
financial institutions in the instructions approval, by the Commission, has been
for Schedule B; (3) expressly including placed on the public record for a period
all cleared derivative transactions in of thirty (30) days. The following
Schedule D, item 1; (4) specifying how FEDERAL TRADE COMMISSION
Analysis to Aid Public Comment
certain cleared derivatives transactions [File No. 151 0138] describes the terms of the consent
are reported in Schedule B, items 5(a) agreement, and the allegations in the
and 11(a); and (5) making minor National Association of Animal complaint. An electronic copy of the
clarifications to the form and Breeders, Inc.; Analysis To Aid Public full text of the consent agreement
instructions. The proposed changes Comment package can be obtained from the FTC
would be effective for reports submitted Home Page (for August 18, 2017), on the
AGENCY: Federal Trade Commission.
on or after January 1, 2018, beginning World Wide Web, at https://
with reports reflecting the December 31, ACTION: Proposed Consent Agreement.
www.ftc.gov/news-events/commission-
2017, report date. SUMMARY: The consent agreement in this actions.
Legal Authorization and matter settles alleged violations of You can file a comment online or on
Confidentiality: The Board has federal law prohibiting unfair methods paper. For the Commission to consider
determined that the FR Y–15 is of competition. The attached Analysis to your comment, we must receive it on or
authorized by the Dodd-Frank Act Aid Public Comment describes both the before September 19, 2017. Write ‘‘In
(sections 163, 165, and 604), the allegations in the complaint and the the Matter of National Association of
International Banking Act, the Bank terms of the consent order—embodied Animal Breeders, Inc. File No. 1510138’’
Holding Company Act, and the Home in the consent agreement—that would on your comment. Your comment—
Owners’ Loan Act (12 U.S.C. 1467a, settle these allegations. including your name and your state—
1844, 3106, and 3108). The obligation to will be placed on the public record of
DATES: Comments must be received on
respond to the FR Y–15 is mandatory. this proceeding, including, to the extent
Most of the data collected on the FR or before September 19, 2017.
ADDRESSES: Interested parties may file a
practicable, on the public Commission
Y–15 is made public unless a specific Web site, at https://www.ftc.gov/policy/
request for confidentiality is submitted comment online or on paper, by
following the instructions in the public-comments.
by the reporting entity, either on the FR Postal mail addressed to the
Y–15 or on the form from which the Request for Comment part of the
SUPPLEMENTARY INFORMATION section
Commission is subject to delay due to
data item is obtained.4 Such information heightened security screening. As a
will be accorded confidential treatment below. Write: ‘‘In the Matter of National
Association of Animal Breeders, Inc. result, we encourage you to submit your
under exemption 4 of the Freedom of comments online. To make sure that the
Information Act (FOIA), (5 U.S.C. File No. 1510138’’ on your comment,
and file your comment online at https:// Commission considers your online
552(b)(4)), if the submitter substantiates comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
2 See cattleartificialinseminationconsent by ftcpublic.commentworks.com/ftc/
12 CFR 217.402.
cattleartificialinseminationconsent by
rmajette on DSKBCKNHB2PROD with NOTICES
3 12 U.S.C. 5365. following the instructions on the web-
4 A number of the items in the FR Y–15 are
based form. If you prefer to file your following the instructions on the web-
retrieved from the FR Y–9C and certain items may comment on paper, write ‘‘In the Matter based form. If this Notice appears at
be retrieved from the FFIEC–101 and FFIEC 009.
of National Association of Animal http://www.regulations.gov/#!home, you
Confidential treatment will also extend to any also may file a comment through that
automatically-calculated items on the FR Y–15 that
have been derived from confidential data items and 5 See Instructions for the end-2016 G–SIB Web site.
that, if released, would reveal the underlying assessment exercise, January 2017, available at If you prefer to file your comment on
confidential data. www.bis.org/bcbs/gsib/instr_end16_gsib.pdf. paper, write ‘‘In the Matter of National
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commercial value for transmitting A proviso to Paragraph II specifies collection for the proper performance of
genetic traits. that the Proposed Order does not the agency’s functions, the accuracy of
In October 2008, more than two years prohibit NAAB from engaging in any the estimated burden, ways to enhance
after entering into the CRADA, NAAB conduct that is reasonably necessary to the quality, utility, and clarity of the
approved a resolution that regulated its achieve procompetitive benefits or information to be collected; and the use
members’ access to the new technology efficiencies relating to NAAB’s of automated collection techniques or
during the exclusivity period granted by operation or to the operation of its other forms of information technology to
the CRADA (through February 2013). members, provided that such benefits or minimize the information collection
NAAB acted as a combination of its efficiencies likely would offset the burden.
members when it approved the anticompetitive harms. DATES:Comments on the collection(s) of
resolution. Paragraph III requires that, for five information must be received by the
The resolution required that for a years, NAAB notify the Commission if OMB desk officer by September 25,
NAAB member to obtain the GPTA of a it adopts or modifies any regulation that 2017.
dairy bull, the Member had to have one restrains the ability of its members to
of the following interests in the bull: (a) obtain disclose, provide, sell or use any ADDRESSES: When commenting on the
Own the bull, (b) have an agreement to technology or information resulting proposed information collections,
purchase at least a 30 percent interest in from any research project. please reference the document identifier
the bull, (c) have a lease on the bull, or Paragraph V of the Proposed Order or OMB control number. To be assured
(d) have an exclusive marketing requires that NAAB implement an consideration, comments and
agreement for the bull. The USDA antitrust compliance program to ensure recommendations must be received by
laboratory was the only source of compliance with the Proposed Order the OMB desk officer via one of the
GPTAs during the exclusivity period. and the antitrust laws. following transmissions: OMB, Office of
The Complaint alleges that NAAB’s Paragraphs IV and VI–VIII of the Information and Regulatory Affairs,
resolution harmed competition by Proposed Order impose certain standard Attention: CMS Desk Officer, Fax
diminishing competition for dairy bulls reporting and compliance requirements Number: (202) 395–5806 OR Email:
used for semen production. First, it on NAAB. OIRA_submission@omb.eop.gov.
impeded the development of a market in To obtain copies of a supporting
By direction of the Commission.
which dairy farmers and breeders could statement and any related forms for the
Donald S. Clark,
pay NAAB members to obtain GPTAs proposed collection(s) summarized in
Secretary. this notice, you may make your request
for their dairy bulls. Second, the [FR Doc. 2017–17880 Filed 8–23–17; 8:45 am]
resolution limited NAAB members from using one of following:
obtaining the GPTA of bulls in which
BILLING CODE 6750–01–P 1. Access CMS’ Web site address at
they did not already have a financial https://www.cms.gov/Regulations-and-
interest. Access to a bull’s GPTA prior Guidance/Legislation/
to buying or selling it would tend to DEPARTMENT OF HEALTH AND PaperworkReductionActof1995/PRA-
increase competition and drive the price HUMAN SERVICES Listing.html.
of the bull toward a value that more 2. Email your request, including your
Centers for Medicare & Medicaid address, phone number, OMB number,
accurately reflects its ability to yield Services
higher producing dairy cows. After the and CMS document identifier, to
exclusivity period expired in February [Document Identifier: CMS–10371, CMS– Paperwork@cms.hhs.gov.
2013, GPTAs became available for a fee 10507, CMS–10558 and CMS–10650] 3. Call the Reports Clearance Office at
through an industry organization. (410) 786–1326.
Agency Information Collection FOR FURTHER INFORMATION CONTACT:
The Complaint alleges that the
Activities: Submission for OMB William Parham at (410) 786–4669.
purpose, effect, tendency or capacity of
Review; Comment Request
the resolution was to restrain SUPPLEMENTARY INFORMATION: Under the
competition unreasonably among AGENCY: Centers for Medicare & Paperwork Reduction Act of 1995 (PRA)
NAAB’s Members, and that this conduct Medicaid Services, HHS. (44 U.S.C. 3501–3520), federal agencies
injured dairy farmers and breeders by ACTION: Notice. must obtain approval from the Office of
depriving them of the benefits of free Management and Budget (OMB) for each
and open competition. Therefore, the SUMMARY: The Centers for Medicare & collection of information they conduct
resolution constitutes an unfair method Medicaid Services (CMS) is announcing or sponsor. The term ‘‘collection of
of competition that violates Section 5 of an opportunity for the public to information’’ is defined in 44 U.S.C.
the Federal Trade Commission Act. comment on CMS’ intention to collect 3502(3) and 5 CFR 1320.3(c) and
information from the public. Under the includes agency requests or
II. The Proposed Order
Paperwork Reduction Act of 1995 requirements that members of the public
The Proposed Order has the following (PRA), federal agencies are required to submit reports, keep records, or provide
substantive provisions. Paragraph II publish notice in the Federal Register information to a third party. Section
requires NAAB to cease and desist from concerning each proposed collection of 3506(c)(2)(A) of the PRA (44 U.S.C.
restraining the ability of its members to information, including each proposed 3506(c)(2)(A)) requires federal agencies
obtain, disclose, provide, use or sell any extension or reinstatement of an existing to publish a 30-day notice in the
technology or information resulting collection of information, and to allow Federal Register concerning each
rmajette on DSKBCKNHB2PROD with NOTICES
from research projects conducted by, or a second opportunity for public proposed collection of information,
pursuant to, an agreement to which comment on the notice. Interested including each proposed extension or
NAAB is a party. The Proposed Order persons are invited to send comments reinstatement of an existing collection
also prohibits NAAB from restraining regarding the burden estimate or any of information, before submitting the
price-related competition among its other aspect of this collection of collection to OMB for approval. To
members relating to the sale or information, including the necessity and comply with this requirement, CMS is
acquisition of bulls or bull semen. utility of the proposed information publishing this notice that summarizes
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Document Created: 2018-10-24 12:37:50
Document Modified: 2018-10-24 12:37:50
| 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 September 19, 2017. | |
| Contact | Armando Irizarry (202-326-2964), Bureau of Competition, 600 Pennsylvania Avenue NW., Washington, DC 20580. | |
| FR Citation | 82 FR 40155 |
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