82 FR 61759 - Becton, Dickinson and Company and C. R. Bard; Analysis To Aid Public Comment
FEDERAL TRADE COMMISSION Federal Register Volume 82, Issue 249 (December 29, 2017)
Federal Register Volume 82, Issue 249 (December 29, 2017)
| Page Range | 61759-61762 | |
| FR Document | 2017-28213 |
[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)] [Notices] [Pages 61759-61762] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28213] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION [File No. 171 0140] Becton, Dickinson and Company and C. R. Bard; 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 orders-- embodied in the consent agreement--that would settle these allegations. DATES: Comments must be received on or before January 23, 2018. 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 Becton Dickinson and Co./Bard, Inc., File No. 171 0140'' on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ [[Page 61760]] bectondickinsonconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ``In the Matter of Becton Dickinson and Co./Bard, Inc., File No. 171 0140'' 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: Jared Nagley, Attorney, (212-607-2813) and Geralyn Trujillo, Attorney, (212-607-2806), Northeast Region, One Bowling Green, Suite 318, New York, New York 10004. 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 December 22, 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 January 23, 2018. Write ``In the Matter of Becton Dickinson and Co./Bard, Inc., File No. 171 0140'' 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 website, 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/bectondickinsonconsent 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 website. If you prefer to file your comment on paper, write ``In the Matter of Becton Dickinson and Co./Bard, Inc., File No. 171 0140'' 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 website 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 website--as legally required by FTC Rule 4.9(b)--we cannot redact or remove your comment from the FTC website, 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 website 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 January 23, 2018. 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 Orders To Aid Public Comment I. Introduction The Federal Trade Commission (``Commission'') has accepted, subject to final approval, an Agreement Containing Consent Orders (``Consent Agreement'') from Becton, Dickinson and Company (``BD'') and C. R. Bard, Inc. (``Bard'') (collectively, the ``Respondents'') that is designed to remedy the anticompetitive effects that would likely result from BD's proposed acquisition of Bard. The proposed Decision and Order (``Order'') requires the Respondents to divest all rights and assets related to Bard's tunneled home drainage catheter business and BD's soft tissue core needle biopsy device business to Merit Medical Systems, Inc. (``Merit''). The Order To Maintain Assets requires Respondents to maintain the viability and competitiveness of the businesses pending divestiture. Pursuant to an Agreement and Plan of Merger, dated as of April 23, 2017, BD and Lambda Corp., a wholly-owned subsidiary of BD, will acquire the issued and outstanding shares of Bard by means of a merger in exchange for cash and stock valued at approximately $24 billion (the ``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 tunneled home drainage catheter systems and soft tissue core needle biopsy devices. The Consent Agreement [[Page 61761]] is designed to remedy the alleged violations by preserving the competition that otherwise would be lost in these markets as a result of the proposed Acquisition. The Commission has placed the Consent Agreement 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 will again review the Consent Agreement, along with any comments received, and decide whether it should withdraw from the Consent Agreement, modify the Consent Agreement or Order, or make the Order final. II. The Respondents BD, headquartered in Franklin Lakes, New Jersey, is a medical technology company that manufactures and sells a broad range of medical supplies, devices, laboratory equipment, and diagnostic products throughout the world. Its operations consist of two business segments: BD Medical and BD Life Sciences. BD Medical provides a broad array of medical technologies and devices to hospitals, clinics, physicians' office practices, pharmacies, pharmaceutical companies, and healthcare workers. Bard, headquartered in Murray Hill, New Jersey, is a medical technology company that manufactures medical, surgical, diagnostic, and patient care devices sold to hospitals, healthcare professionals, extended care facilities, and other medical facilities throughout the world. Its operations consist of four principal divisions: Bard Access Systems, Inc., Bard Medical Division, Bard Peripheral Vascular, Inc., and Bard Biopsy Systems. III. The Relevant Markets and Structure of the Markets A. Tunneled Home Drainage Catheter Systems Tunneled home drainage catheter systems are medical devices used to treat recurrent fluid buildup in the lungs and abdomen, conditions known as pleural effusions and malignant ascites, respectively. Patients suffering from these conditions, often due to cancer or other serious illnesses, commonly require frequent fluid drainage. Tunneled home drainage catheter systems drain fluid from the lungs (pleural drainage) or abdomen (peritoneal drainage) through a tunneled, indwelling catheter connected to a disposable receptacle. After a medical doctor places the indwelling catheter, the device allows fluid drainage to take place conveniently in a patient's home or in a hospice setting where the patient or a caregiver can attach, remove, replace, and dispose of the drainage receptacle as frequently as needed. Although patients requiring pleural or peritoneal drainage can undergo an outpatient medical procedure when fluid build-up becomes severe, such procedures are not suitable alternatives to tunneled home drainage catheter systems, because they require a patient to make repeated trips to a healthcare facility to see a doctor. Customers likely would not substitute outpatient medical procedures in response to a small but significant increase in the price of tunneled home drainage catheter systems. BD and Bard are the two largest manufacturers of tunneled home drainage catheter systems in the United States, with a combined market share of approximately 98%. The remaining market share is divided between Rocket Medical plc (``Rocket Medical'') and B. Braun Medical Inc. (``B. Braun''). Rocket Medical is a new entrant to the U.S. market, and both Rocket Medical and B. Braun, in addition to having a much smaller share of the market than BD and Bard, have far less recognition among U.S. customers. B. Soft Tissue Core Needle Biopsy Devices Soft tissue core needle biopsy devices are used by medical clinicians, typically interventional radiologists or oncologists, to remove small samples of tissue from soft tissue organs for examination and diagnosis. There are no practical alternatives to soft tissue core needle biopsy devices for clinicians seeking to perform a soft tissue biopsy. Other biopsy devices, such as bone or bone marrow biopsy devices, are not approved or intended to be used for soft tissue biopsies. Soft tissue core needle biopsy devices do not include, and are distinguished from, vacuum-assisted biopsy (``VAB'') devices which employ a vacuum to remove larger tissue samples. VAB devices are used for breast biopsies involving lesions that are difficult to locate and are not used to perform biopsies of other soft tissues and organs. VAB devices are more complex devices that are sold at a significantly higher price than soft tissue core needle biopsy devices. Accordingly, customers likely would not switch to VAB devices in response to a small but significant increase in the price of soft tissue core needle biopsy devices. Bard and BD are the two largest manufacturers of soft tissue core needle biopsy devices in the United States, with a combined market share of 60% or greater. Other participants in the market include Cook Medical, Argon Medical Devices, Inc., and Hologic, Inc., but each of these manufacturers has a smaller market share than either Bard or BD. In addition, there is a fringe of other manufacturers with very small market shares. C. The Relevant Geographic Market The relevant geographic market for both tunneled home drainage catheter systems and soft tissue core needle biopsy devices is the United States. These relevant products are medical devices regulated by the U.S. Food and Drug Administration (``FDA''). Medical devices sold outside of the United States, but not approved for sale in the United States, are not viable competitive alternatives for U.S. consumers. IV. Competitive Effects of the Transaction The proposed Acquisition would likely substantially lessen competition in the U.S. markets for tunneled home drainage catheter systems and soft tissue core needle biopsy devices. The Acquisition would combine the largest and second-largest suppliers of both products in the United States and would substantially increase concentration in already highly concentrated markets. Under the Horizontal Merger Guidelines, the Acquisition would presumptively create or enhance market power. By eliminating direct and substantial competition between Respondents, the proposed Acquisition likely would allow the combined firm to exercise market power unilaterally, resulting in higher prices and/or reduced innovation. V. Entry Entry in the relevant markets would not be timely, likely, or sufficient in magnitude, character, and scope to deter or counteract the anticompetitive effects of the proposed Acquisition. New entry into the markets for each of these devices is difficult, time-consuming, and expensive, requiring a significant investment of time and money for product research and development, regulatory approval by the FDA, and the establishment of a sales and marketing infrastructure sufficient to develop customer awareness and acceptance of the products. VI. The Proposed Consent Agreement The Consent Agreement remedies the competitive concerns raised by the proposed Acquisition by requiring the Respondents to divest all of the assets, facilities, and resources relating to [[Page 61762]] Bard's tunneled home drainage catheter systems business and BD's soft tissue core needle biopsy devices business to Merit. The provisions of the Consent Agreement will enable Merit to become an independent, viable, and effective competitor in the respective relevant markets and maintain the competition that currently exists. Merit, headquartered in South Jordan, Utah, is a global company with 30 years of experience in the development, manufacture, and distribution of medical devices used in interventional, diagnostic, and therapeutic procedures. Merit offers a portfolio of products that is highly complementary to the tunneled home drainage catheter systems being acquired. Merit also recently introduced its first soft tissue core needle biopsy device product. Merit possesses substantial industry expertise in these product areas and sells its products to similar customers as BD and Bard. For these reasons, Merit is well positioned to restore the benefits of competition that would be lost due to the Acquisition. Pursuant to the Order, Merit will receive all rights and assets related to Bard's tunneled home drainage catheter system business and BD's soft tissue core needle biopsy device business, including all of the confidential business information used in those businesses. Merit will own or receive a license to all intellectual property necessary to run the businesses. It will also acquire the equipment used in the manufacturing of the products and all documentation and other information related to the products. Respondents will also contract manufacture products for Merit until it is able to manufacture them itself, and Respondents will provide transitional services to Merit to assist the company in establishing manufacturing capabilities for the divested products. The Respondents must accomplish the divestitures no later than 10 days after the consummation of the proposed Acquisition. If the Commission determines that Merit is not an acceptable acquirer, or that the manner of the divestitures is not acceptable, the proposed Order requires the Respondents to unwind the sale of assets to Merit and then divest the assets to a Commission-approved acquirer(s) within 180 days of the date the Order becomes final. Pursuant to the Order To Maintain Assets, Respondents must maintain the businesses pending divestiture. The Commission has agreed to appoint a Monitor to ensure that the Respondents comply with all of their obligations pursuant to the Consent Agreement and to keep the Commission informed about the status of the transfer of assets to Merit. The Commission has appointed Mazars LLP as the Monitor in this matter. The proposed Order further allows the Commission to appoint a trustee in the event the parties fail to divest the products as required. VII. Opportunity for Public Comment The purpose of this analysis is to facilitate public comment on the Consent Agreement to aid the Commission in determining whether it should make the Order final. This analysis is not intended to constitute an official interpretation of the proposed Consent Agreement and does not modify its terms in any way. By direction of the Commission. April J. Tabor, Acting Secretary. [FR Doc. 2017-28213 Filed 12-28-17; 8:45 am] BILLING CODE 6750-01-P
![Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices 61759
assets equal to $250 billion or more; (ii) institution holding company or more; or (C) a company that has been
have total consolidated on-balance sheet depository institution that has total designated by the Financial Stability
foreign exposure equal to $10 billion or assets equal to $250 billion or more; (B) Oversight Council for supervision by the
more; or (iii) have total consolidated a covered depository institution holding Federal Reserve Board.
assets equal to $10 billion or more and company or depository institution that Burden Estimate:
are a consolidated subsidiary of one of has total consolidated on-balance sheet
the following: (A) a covered depository foreign exposure equal to $10 billion or
SUMMARY OF ANNUAL BURDEN
Estimated Estimated Total annual
Obligation to Estimated time Frequency of
Type of burden number of frequency of estimated
respond per response response
respondents responses burden
Liquidity Coverage Ratio (LCR)—12 Reporting ........... Mandatory .......... ........................ ........................ ........................ ............................ ........................
CFR 329.40(a), (b).
§ 329.40(a) Notification that liquidity Reporting ........... Mandatory .......... 2 12 0.25 On Occasion ...... 6.00
coverage ratio is less than min-
imum in § 329.10.
§ 329.40(b) Notification that liquidity Reporting ........... Mandatory .......... 2 1 0.25 On Occasion ...... 0.50
coverage ratio is less than min-
imum in § 329.10 for 3 consecu-
tive days or otherwise noncompli-
ant.
§ 329.40(b) Plan for achieving com- Recordkeeping ... Mandatory .......... 2 1 100.00 On Occasion ...... 200.00
pliance.
§ 329.40(b)(4) Weekly report of Reporting ........... Mandatory .......... 2 4 0.25 On Occasion ...... 2.00
progress toward achieving compli-
ance.
Liquidity Coverage Ratio (LCR)—12 Recordkeeping ... Mandatory .......... ........................ ........................ ........................ ............................ ........................
CFR 329.22(a)(2), (5).
§ 329.22(a)(2) Policies that require Recordkeeping ... Mandatory .......... 2 1 10.00 On Occasion ...... 20.00
eligible HQLA to be under control
of liquidity risk management func-
tion.
§ 329.22(a)(5) Documented method- Recordkeeping ... Mandatory .......... 2 1 10.00 On Occasion ...... 20.00
ology providing consistent treat-
ment for determining whether eli-
gible HQLA meets operational re-
quirements.
Total Hourly Burden .................. ............................ ............................ ........................ ........................ ........................ ............................ 248.50
General Description of Collection: The increase in burden hours is the result of FEDERAL TRADE COMMISSION
LCR rule implements a quantitative these changes.
[File No. 171 0140]
liquidity requirement and contains
requirements subject to the PRA. The Request for Comment
Becton, Dickinson and Company and
reporting and recordkeeping Comments are invited on: (a) Whether C. R. Bard; Analysis To Aid Public
requirements are found in Sections the collections of information are Comment
329.22 and 329.40. The requirement is necessary for the proper performance of
designed to promote the short-term AGENCY: Federal Trade Commission.
the FDIC’s functions, including whether
resilience of the liquidity risk profile of ACTION: Proposed Consent Agreement.
the information has practical utility; (b)
large and internationally active banking
the accuracy of the estimates of the SUMMARY: The consent agreement in this
organizations, thereby improving the
banking sector’s ability to absorb shocks burden of the information collections, matter settles alleged violations of
arising from financial and economic including the validity of the federal law prohibiting unfair methods
stress, and to further improve the methodology and assumptions used; (c) of competition. The attached Analysis to
measurement and management of ways to enhance the quality, utility, and Aid Public Comment describes both the
liquidity risk. The LCR rule establishes clarity of the information to be allegations in the complaint and the
a quantitative minimum liquidity collected; and (d) ways to minimize the terms of the consent orders—embodied
coverage ratio that requires a company burden of the collections of information in the consent agreement—that would
subject to the rule to maintain an on respondents, including through the settle these allegations.
amount of high-quality liquid assets (the use of automated collection techniques DATES: Comments must be received on
numerator of the ratio) that is no less or other forms of information or before January 23, 2018.
than 100 percent of its total net cash technology. All comments will become ADDRESSES: Interested parties may file a
outflows over a prospective 30 calendar- a matter of public record. comment online or on paper, by
day period (the denominator of the Dated at Washington, DC, on December 22, following the instructions in the
ethrower on DSK3G9T082PROD with NOTICES
ratio). 2017. Request for Comment part of the
The FDIC has reviewed its previous Federal Deposit Insurance Corporation. SUPPLEMENTARY INFORMATION section
PRA submission and has updated its below. Write: ‘‘In the Matter of Becton
Valerie J. Best,
methodology for calculating the burden Dickinson and Co./Bard, Inc., File No.
in order to be consistent with the Office Assistant Executive Secretary. 171 0140’’ on your comment, and file
of the Controller of the Currency and the [FR Doc. 2017–28138 Filed 12–28–17; 8:45 am] your comment online at https://
Federal Reserve Board. The overall BILLING CODE 6714–01–P ftcpublic.commentworks.com/ftc/
VerDate Sep<11>2014 20:09 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1](https://thefederalregister.org/doc/82_FR_62008/page/1.svg)
![61762 Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices
Bard’s tunneled home drainage catheter Agreement and to keep the Commission minimize the information collection
systems business and BD’s soft tissue informed about the status of the transfer burden.
core needle biopsy devices business to of assets to Merit. The Commission has DATES: Comments on the collection(s) of
Merit. The provisions of the Consent appointed Mazars LLP as the Monitor in information must be received by the
Agreement will enable Merit to become this matter. The proposed Order further OMB desk officer by January 29, 2018.
an independent, viable, and effective allows the Commission to appoint a ADDRESSES: When commenting on the
competitor in the respective relevant trustee in the event the parties fail to proposed information collections,
markets and maintain the competition divest the products as required. please reference the document identifier
that currently exists.
VII. Opportunity for Public Comment or OMB control number. To be assured
Merit, headquartered in South Jordan,
consideration, comments and
Utah, is a global company with 30 years The purpose of this analysis is to
recommendations must be received by
of experience in the development, facilitate public comment on the
manufacture, and distribution of the OMB desk officer via one of the
Consent Agreement to aid the
medical devices used in interventional, following transmissions: OMB, Office of
Commission in determining whether it
diagnostic, and therapeutic procedures. Information and Regulatory Affairs,
should make the Order final. This
Merit offers a portfolio of products that Attention: CMS Desk Officer, Fax
analysis is not intended to constitute an
is highly complementary to the Number: (202) 395–5806 OR, Email:
official interpretation of the proposed
tunneled home drainage catheter OIRA_submission@omb.eop.gov.
Consent Agreement and does not To obtain copies of a supporting
systems being acquired. Merit also modify its terms in any way. statement and any related forms for the
recently introduced its first soft tissue
By direction of the Commission. proposed collection(s) summarized in
core needle biopsy device product.
Merit possesses substantial industry April J. Tabor, this notice, you may make your request
expertise in these product areas and Acting Secretary. using one of following:
[FR Doc. 2017–28213 Filed 12–28–17; 8:45 am] 1. Access CMS’ website address at
sells its products to similar customers as
https://www.cms.gov/Regulations-and-
BD and Bard. For these reasons, Merit BILLING CODE 6750–01–P
Guidance/Legislation/
is well positioned to restore the benefits
PaperworkReductionActof1995/PRA-
of competition that would be lost due to
Listing.html.
the Acquisition.
DEPARTMENT OF HEALTH AND 2. Email your request, including your
Pursuant to the Order, Merit will
HUMAN SERVICES address, phone number, OMB number,
receive all rights and assets related to
Bard’s tunneled home drainage catheter and CMS document identifier, to
Centers for Medicare & Medicaid Paperwork@cms.hhs.gov.
system business and BD’s soft tissue Services 3. Call the Reports Clearance Office at
core needle biopsy device business,
(410) 786–1326.
including all of the confidential [Document Identifier: CMS–R–262]
business information used in those FOR FURTHER INFORMATION CONTACT:
businesses. Merit will own or receive a William Parham at (410) 786–4669.
Agency Information Collection
license to all intellectual property SUPPLEMENTARY INFORMATION: Under the
Activities: Submission for OMB
necessary to run the businesses. It will Review; Comment Request Paperwork Reduction Act of 1995 (PRA)
also acquire the equipment used in the (44 U.S.C. 3501–3520), federal agencies
manufacturing of the products and all AGENCY: Centers for Medicare & must obtain approval from the Office of
documentation and other information Medicaid Services, HHS. Management and Budget (OMB) for each
related to the products. Respondents ACTION: Notice. collection of information they conduct
will also contract manufacture products or sponsor. The term ‘‘collection of
for Merit until it is able to manufacture SUMMARY: The Centers for Medicare & information’’ is defined in 44 U.S.C.
them itself, and Respondents will Medicaid Services (CMS) is announcing 3502(3) and 5 CFR 1320.3(c) and
provide transitional services to Merit to an opportunity for the public to includes agency requests or
assist the company in establishing comment on CMS’ intention to collect requirements that members of the public
manufacturing capabilities for the information from the public. Under the submit reports, keep records, or provide
divested products. Paperwork Reduction Act of 1995 information to a third party. Section
The Respondents must accomplish (PRA), federal agencies are required to 3506(c)(2)(A) of the PRA (44 U.S.C.
the divestitures no later than 10 days publish notice in the Federal Register 3506(c)(2)(A)) requires federal agencies
after the consummation of the proposed concerning each proposed collection of to publish a 30-day notice in the
Acquisition. If the Commission information, including each proposed Federal Register concerning each
determines that Merit is not an extension or reinstatement of an existing proposed collection of information,
acceptable acquirer, or that the manner collection of information, and to allow including each proposed extension or
of the divestitures is not acceptable, the a second opportunity for public reinstatement of an existing collection
proposed Order requires the comment on the notice. Interested of information, before submitting the
Respondents to unwind the sale of persons are invited to send comments collection to OMB for approval. To
assets to Merit and then divest the assets regarding the burden estimate or any comply with this requirement, CMS is
to a Commission-approved acquirer(s) other aspect of this collection of publishing this notice that summarizes
within 180 days of the date the Order information, including the necessity and the following proposed collection(s) of
becomes final. Pursuant to the Order To utility of the proposed information information for public comment:
ethrower on DSK3G9T082PROD with NOTICES
Maintain Assets, Respondents must collection for the proper performance of 1. Type of Information Collection
maintain the businesses pending the agency’s functions, the accuracy of Request: Revision of a currently
divestiture. the estimated burden, ways to enhance approved collection; Title of
The Commission has agreed to the quality, utility, and clarity of the Information Collection: Contract Year
appoint a Monitor to ensure that the information to be collected; and the use 2019 Plan Benefit Package (PBP)
Respondents comply with all of their of automated collection techniques or Software and Formulary Submission;
obligations pursuant to the Consent other forms of information technology to Use: We require that Medicare
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Document Created: 2018-01-03 13:16:44
Document Modified: 2018-01-03 13:16:44
| 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 January 23, 2018. | |
| Contact | Jared Nagley, Attorney, (212-607-2813) and Geralyn Trujillo, Attorney, (212-607-2806), Northeast Region, One Bowling Green, Suite 318, New York, New York 10004. | |
| FR Citation | 82 FR 61759 |
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