UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

 

COMMISSIONERS: Edith Ramirez, Chairwoman

Julie Brill

Maureen K. Ohlhausen

Joshua D. Wright

Terrell McSweeny

__________________________________________

)

In the Matter of )

)

Visant Corporation, )

a corporation, )

) Docket No. 9362

Jostens, Inc., )

a corporation, )

) PUBLIC 

and )

)

American Achievement Corporation, )

a corporation. )

__________________________________________)

ORDER DISMISSING COMPLAINT

On April 17, 2014, the Federal Trade Commission issued the Administrative Complaint 

in this matter, having reason to believe that Respondents Visant Corporation (“Visant”), Jostens, 

Inc. (“Jostens”), and American Achievement Corporation (“AAC”) had executed a Stock 

Purchase Agreement, in violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C.

§ 45, which if consummated would violate Section 7 of the Clayton Act, 15 U.S.C. § 18. 

Complaint Counsel and Respondents have now filed a Joint Motion to Dismiss Complaint, which 

states that on April 17, 2014, Respondents Visant Corporation and Jostens, Inc. terminated the 

Stock Purchase Agreement between themselves and American Achievement Corporation.1

The Commission has determined to dismiss the Administrative Complaint without 

prejudice, as the most important elements of the relief set out in the Notice of Contemplated 

Relief in the Administrative Complaint have been accomplished without the need for further 

administrative litigation.2 In particular, Respondents have announced that they have abandoned 

 1 See Joint Motion To Dismiss Complaint (Apr. 25, 2014), available on the Commission Website at

http://www.ftc.gov/system/files/documents/cases/140425visantmtntodismiss.pdf, citing Visant Corporation, 

Termination of a Material Definitive Agreement (Form 8-K) (Apr. 17, 2014). 2

 See, e.g., In the Matter of Integrated Device Technology, et al., Docket No. 9354, Order Dismissing Complaint 

(Jan. 15, 2013), at http://www.ftc.gov/sites/default/files/documents/cases/2013/01/130115idtcmpt.pdf; In the Matter 

of Reading Health System, et al., Docket No. 9353, Order Dismissing Complaint (Dec. 7, 2012), at

http://www.ftc.gov/sites/default/files/documents/cases/2012/12/121207readingsircmpt.pdf; In the Matter of OSF 

Healthcare System, et al., Docket No. 9349, Order Dismissing Complaint (Apr. 13, 2012), at 
2

the proposed acquisition, and have terminated the Stock Purchase Agreement they had 

previously executed for the proposed transaction.

For the foregoing reasons, the Commission has determined that the public interest 

warrants dismissal of the Administrative Complaint in this matter. The Commission has 

determined to do so without prejudice, however, because it is not reaching a decision on the 

merits. Accordingly,

IT IS ORDERED THAT the Administrative Complaint in this matter be, and it hereby 

is, dismissed without prejudice.

By the Commission.

Donald S. Clark

SEAL: Secretary

ISSUED: May 7, 2014

 

http://www.ftc.gov/os/adjpro/d9349/120413rockfordorder.pdf; In the Matter of Omnicare, Inc., Docket No. 9352, 

Order Dismissing Complaint (Feb. 22, 2012), at http://www.ftc.gov/os/adjpro/d9352/120223omnicareorder.pdf; In 

the Matter of Thoratec Corporation and HeartWare International, Inc., Docket No. 9339, Order Dismissing 

Complaint (Aug. 11, 2009), at http://www.ftc.gov/os/adjpro/d9339/090811thoatecorder.pdf; In the Matter of CSL 

Limited, et al., Docket No. 9337, Order Dismissing Complaint (June 22, 2009), at 

http://www.ftc.gov/os/adjpro/d9337/090622commorderdismisscomplaint.pdf.