UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Jon Leibowitz, Chairman 

William E. Kovacic 

J. Thomas Rosch 

 Edith Ramirez 

 Julie Brill 

______________________________________ 

In the Matter of ) 

 ) Docket No. 9327 

Polypore International, Inc., ) 

 a corporation ) PUBLIC 

______________________________________) 

ORDER GRANTING MOTION FOR IN CAMERA TREATMENT 

FILED BY NON-PARTY JOHNSON CONTROLS, INC. 

I. 

Pursuant to Commission Rule 3.45, 16 C.F.R. § 3.45,1

 non-party Johnson 

Controls, Inc. (“JCI”), has filed a motion (“JCI Motion”) requesting in camera treatment 

for a portion of the Declaration of Robert Gruenstern, dated July 12, 2010 and filed as 

Attachment B to Complaint Counsel’s Response to Respondent’s Third Motion to 

Reopen the Hearing Record. Neither Complaint Counsel nor Respondent opposes the 

JCI Motion. For the reasons described below, the Commission grants the JCI Motion. 

II. 

On July 8, 2010 Respondent Polypore International, Inc. (“Polypore”) filed 

Respondent’s Third Motion to Reopen the Hearing Record. On July 15, 2010, Complaint 

Counsel filed its Response to Respondent’s Third Motion to Reopen the Hearing Record, 

which included as Attachment B the Declaration of Robert Gruenstern, Executive 

Director of Product Engineering, Power Solutions  Americas for JCI. JCI requests 

in camera treatment for the last clause in the last sentence in paragraph two of 

Mr. Gruenstern’s declaration, which states that JCI 

 

1 On May 1, 2009, the Commission published several amendments to its Rules of Practice 

designed to expedite the Part 3 litigation process. See 74 Fed. Reg. 20205. These rules 

govern all proceedings initiated on or after May 1, 2009. See id.; see also 74 Fed. Reg. 

1804 (establishing interim final rules for actions commenced after January 13, 2009). 

Because the complaint in this matter was issued on September 10, 2008, the Rules of 

Practice in effect prior to the amendments govern this proceeding. 
2

 

. JCI requests that in camera treatment for this phrase 

extend until June 1, 2014, which is the date on which in camera treatment for other JCI 

materials filed in this matter will expire.2 

 

The Commission recognizes the substantial public interest in a full and open 

record of its adjudicative proceedings. H.P. Hood & Sons, Inc., 58 F.T.C. 1184, 1188 

(1961). However, the Commission may order that material “be placed in camera after 

finding that its public disclosure will likely result in a clearly defined, serious injury to 

the person, partnership or corporation requesting in camera treatment.” 16 C.F.R. 

§ 3.45(b). The Commission treats non-party requests for in camera treatment with 

“special solicitude.” In re Crown Cork & Seal Co., 71 F.T.C. 1714, 1715 (1967). Where 

the Commission grants in camera treatment for strategic business information, it typically 

does so for a period of two to five years. In re Union Oil Co. of Cal., 2004 FTC LEXIS 

223, at *2 (2004). 

JCI supports its motion with a declaration from Mr. Robert Gruenstern. 

Mr. Gruenstern states that the phrase over which JCI seeks protection reflects JCI’s 

current business strategy for product development. Mr. Gruenstern also states that (1) he 

is familiar with JCI’s confidentiality policies surrounding this information, (2) JCI does 

not disclose this information to the public or competitors, and (3) public disclosure would 

cause JCI to suffer serious competitive injury. 

Based on the JCI Motion and Mr. Gruenstern’s supporting declaration, the 

Commission finds that JCI has met the standards for in camera treatment for a period to 

expire on June 1, 2014. 

Accordingly, 

IT IS ORDERED THAT in camera treatment be, and it hereby is, granted (1) to 

the last clause in the last sentence of paragraph two in the Declaration of Robert 

Gruenstern, dated July 12, 2010, and filed as Attachment B to Complaint Counsel’s 

Response to Respondent’s Third Motion to Reopen the Hearing Record, and (2) to the 

last sentence of the first page of the JCI Motion, which includes the same phrase; and 

IT IS FURTHER ORDERED THAT in camera treatment for the above 

materials will expire at 12:01 a.m. Eastern Daylight Time on June 1, 2014. 

By the Commission. 

 Donald S. Clark 

 Secretary 

ISSUED: September 2, 2010 

2 See Order on Non-Parties’ Motions for In Camera Treatment, FTC Docket No. 9327 

(May 6, 2009); Order on Non-Parties’ Supplemental Motions for In Camera Treatment, 

FTC Docket No. 9327 (June 4, 2009).