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Indicator: Key Measure 2.1.1
[Qualitative::Output]
Measurements in/of Actions to maintain competition, including litigated victories, consent orders, abandoned transaction remedies,
restructured transaction remedies, or fix-it-first transaction remedies in a significant percentage of substantial merger
and nonmerger investigations.
Relationships:
Other Information:
PERFORMANCE HIGHLIGHTS The FTC obtained a positive result in 22 of the 57 significant merger and nonmerger investigations
it concluded during FY 2010. On the merger side this includes successful second request or compulsory process investigations
in matters involving crucial pharmaceuticals (Watson Pharmaceuticals / Arrow Group, Merck / Schering-Plough, and Nestle /
Novartis), high tech devices used in the medical industry (Danaher Corp / MDS) and in scientific and industrial applications
(Varian, Inc. / Agilent, Inc and Panasonic / Sanyo), funeral services (SCI / Palm Mortuary and SCI / Keystone North America),
and diesel refueling network centers (Flying J / Big West Oil). On the nonmerger side the FTC obtained considerable consumer
relief in a number of matters involving computer micro chips (Intel Corporation*), health care providers (Roaring Fork Valley
Physicians, IPA, Inc. and Minnesota Rural Health Cooperatives) and truck rental services (Amerco / Avis Budget Group).
| Type |
Target |
Actual |
Target |
Actual |
Target |
Actual |
Target |
Actual |
Target |
Actual |
Target |
Target |
| StartDate |
2005-10-01 |
2005-10-01 |
2006-10-01 |
2006-10-01 |
2007-10-01 |
2007-10-01 |
2008-10-01 |
2008-10-01 |
2009-10-01 |
2009-10-01 |
2010-10-01 |
2011-10-01 |
| EndDate |
2006-09-30 |
2006-09-30 |
2007-09-30 |
2007-09-30 |
2008-09-30 |
2008-09-30 |
2009-09-30 |
2009-09-30 |
2010-09-30 |
2010-09-30 |
2011-09-30 |
2012-09-30 |
| Percentage |
|
|
|
|
|
|
|
|
60 |
39 |
60 |
60 |
| Description |
n/a |
n/a |
n/a |
n/a |
n/a |
n/a |
n/a |
n/a |
40.0–60.0% of substantial investigations |
Target Not Met. The agency took action to maintain competition in 22 of the 57 substantial merger and nonmerger investigations
that were closed in FY 2010. These 22 actions consist of 17 consents, three merger transactions that were withdrawn as a consequence
of the antitrust concerns raised during the investigation, and two additional consents that were successfully negotiated after
the Commission issued an administrative complaint. This corresponds to 16 merger matters and six nonmerger matters. Of the
35 substantial investigations that were closed without an action, 22 involved a nonmerger matter and 13 a merger matter. Though
the agency did not meet the target in FY 2010, it should be noted that the result obtained was within one percentage point
of the target and that, in addition to the actions listed above, the Commission also obtained a consent in five merger investigations
that are excluded from this measure since they did not involve the use of compulsory process. Furthermore, during FY 2010,
the Commission issued an administrative complaint to challenge allegedly harmful conduct by a state dental board. However,
since this matter is still pending before the Administrative Law Judge and has not reached a resolution it is excluded from
this measure, even though it represents a significant investment of agency resources. Data Source: Information to identify
“actions to maintain competition” is obtained from press releases, various agency and Bureau databases, and internal communications.
Press releases are the source of information for public actions, such as consent orders and the results of judicial review,
while internal databases are used to identify those matters that were closed without an action being taken and to determine
if an investigation meets the substantiality criteria (i.e., if a second request was issued or whether compulsory process
was authorized for merger investigations, and the number of hours that staff logged to a particular investigation for nonmerger
investigations).
|
40.0–60.0% |
40.0–60.0% |
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