Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices 38307 

1Timothy J. Muris, More Than Law Enforcement: 

The FTC’s Many Tools—A Conversation with Tim 

Muris and Bob Pitofsky, 72 Antitrust L.J. 772, 773 

(2005). 

2 Id. at 774. 

3Fed. Trade Comm’n Staff, Anticipating the 21st 

Century: Competition Policy in the New High-Tech, 

Global Marketplace (1996), https://www.ftc.gov/ 

system/files/documents/reports/anticipating-21stcentury-competition-policy-new-high-tech-globalmarketplace/gc_v1.pdf; Fed. Trade Comm’n Staff, 

Anticipating the 21st Century: Consumer Protection 

Policy in the New High-Tech, Global Marketplace 

(1996), https://www.ftc.gov/system/files/ 

documents/reports/anticipating-21st-centurycompetition-policy-new-high-tech-globalmarketplace/gc_v2.pdf. 

(12 U.S.C. 1461 et seq.) (HOLA), 

Regulation LL (12 CFR part 238), and 

Regulation MM (12 CFR part 239), and 

all other applicable statutes and 

regulations to become a savings and 

loan holding company and/or to acquire 

the assets or the ownership of, control 

of, or the power to vote shares of a 

savings association and nonbanking 

companies owned by the savings and 

loan holding company, including the 

companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The application also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the HOLA (12 U.S.C. 1467a(e)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 10(c)(4)(B) of the 

HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless 

otherwise noted, nonbanking activities 

will be conducted throughout the 

United States. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than August 28, 

2018. 

A. Federal Reserve Bank of 

Minneapolis (Mark A. Rauzi, Vice 

President), 90 Hennepin Avenue, 

Minneapolis, Minnesota 55480–0291: 

1. MidCountry Acquisition Corp., 

Minneapolis, Minnesota; to become a 

savings and loan holding company by 

acquiring 100 percent of the voting 

shares of MidCountry Bank, 

Bloomington, Minnesota. 

Board of Governors of the Federal Reserve 

System, July 31, 2018. 

Yao-Chin Chao, 

Assistant Secretary of the Board. 

[FR Doc. 2018–16702 Filed 8–3–18; 8:45 am] 

BILLING CODE P 

FEDERAL TRADE COMMISSION 

Hearings on Competition and 

Consumer Protection in the 21st 

Century 

AGENCY: Federal Trade Commission. 

ACTION: Notice of hearings and request 

for comments. 

SUMMARY: The Federal Trade 

Commission seeks comment in 

connection with a forthcoming series of 

public hearings in the fall and winter 

2018 to examine whether broad-based 

changes in the economy, evolving 

business practices, new technologies, or 

international developments might 

require adjustments to competition and 

consumer protection law, enforcement 

priorities, and policy. These hearings 

will cover a range of issues listed in the 

SUPPLEMENTARY INFORMATION section 

below. The Commission seeks the views 

of consumers, business representatives, 

economists, lawyers, academics, 

information technology professionals, 

and other interested parties. 

Commenters are invited to address one 

or more of the following topics 

generally, or with respect to a specific 

industry. 

DATES: The hearings will begin in 

September 2018 and are expected to 

continue through January 2019, and will 

consist of 15 to 20 public sessions. The 

sessions will be held in various 

locations throughout Washington, DC 

and in other parts of the country. For 

this stage of the public comment 

process, comments will be accepted on 

or before August 20, 2018. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the Public 

Comments portion of the 

SUPPLEMENTARY INFORMATION section 

below. Comments should refer to 

‘‘Competition and Consumer Protection 

in the 21st Century Hearings, Project 

Number P181201.’’ If an interested party 

wishes to comment on multiple topics, 

we encourage filing a separate comment 

for each topic. If an interested party 

wishes to make general comments about 

the hearings, we encourage filing a 

comment in response to Topic 1, using 

this link: https://www.regulations.gov/ 

docket?D=FTC-2018-0048. For this stage 

of the public comment process, 

comments will be accepted until August 

20, 2018. If you prefer to file a comment 

in hard copy, write ‘‘Competition and 

Consumer Protection in the 21st 

Century Hearing, Project Number 

P181201,’’ 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 C), 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 C), 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Derek Moore, Office of Policy Planning, 

202–326–3367, or John Dubiansky, 

Office of Policy Planning, 202–326–2182 

or email us at CCPhearings@ftc.gov. 

SUPPLEMENTARY INFORMATION: The 

mission of the Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

is to promote competition and to protect 

consumers from unfair and deceptive 

practices. In support of pursuing a 

vigorous law enforcement agenda, the 

FTC engages in substantial research to 

stay informed of market developments, 

shape its policy agenda, and identify 

opportunities to develop the law 

consistent with its enforcement 

authority. Beginning in September 2018, 

the FTC will hold a series of multi-day, 

multi-part public hearings (‘‘hearings’’) 

to consider whether broad-based 

changes in the economy, evolving 

business practices, new technologies, or 

international developments might 

require adjustments to competition and 

consumer protection law, enforcement 

priorities, and policy. The hearings pay 

tribute to, and are modeled after, the 

FTC’s 1995 Global Competition and 

Innovation Hearings under the 

leadership of then-Chairman Robert 

Pitofsky. Chairman Pitofsky’s hearings 

‘‘were the first major step in establishing 

the FTC as a key modern center for . . . 

‘competition policy research and 

development’ ’’ and ‘‘sought to 

‘articulate recommendations that would 

effectively ensure the competitiveness 

of U.S. markets without imposing 

unnecessary costs on private parties or 

governmental processes.’ ’’ 1 They ‘‘reenergized one of the FTC’s most 

valuable functions—to gather leaders in 

business, economics, law, and related 

disciplines to discuss tough, emerging 

problems and prepare public reports on 

the facts, issues, governing law, and the 

need, as appropriate, for change.’’ 2

Subsequent to the hearings, the 

Commission released two staff reports 

‘‘Anticipating the 21st Century’’ on 

competition and consumer protection 

policy, respectively.3 This new series of 

hearings honors Chairman Pitofsky’s 

legacy, and complements and enhances 

the agency’s robust enforcement 

program. 

‘‘The progress of the Federal Trade 

Commission in its modern era has built 


sradovich on DSK3GMQ082PROD with NOTICES
38308 Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices 

4The Federal Trade Commission at 100: Into Our 

2nd Century: The Continuing Pursuit of Better 

Practices, A Report by Federal Trade Commission 

Chairman William E. Kovacic (2009), https://

www.ftc.gov/sites/default/files/documents/public_

statements/federal-trade-commission-100-oursecond-century/ftc100rpt.pdf at (i). 

5See, e.g., Fed. Trade Comm’n, Emerging Health 

Care Issues: Follow-On Biologic Drug Competition 

(2009), https://www.ftc.gov/sites/default/files/ 

documents/reports/emerging-health-care-issuesfollow-biologic-drug-competition-federal-tradecommission-report/p083901biologicsreport.pdf; Fed 

Trade Comm’n & Dep’t of Justice, Improving Health 

Care: A Dose of Competition (2004), https://

www.ftc.gov/sites/default/files/documents/reports/ 

improving-health-care-dose-competition-reportfederal-trade-commission-and-department-justice/ 

040723healthcarerpt.pdf. 

6See, e.g., Fed. Trade Comm’n Staff, Protecting 

Consumers in the Next Tech-Ade (2008), https://

www.ftc.gov/sites/default/files/documents/reports/ 

protecting-consumers-next-tech-ade-report-stafffederal-trade-commission/p064101tech.pdf; Fed. 

Trade Comm’n Staff, Mobile Privacy Disclosures: 

Building Trust Through Transparency (2013), 

https://www.ftc.gov/sites/default/files/documents/ 

reports/mobile-privacy-disclosures-building-trustthrough-transparency-federal-trade-commissionstaff-report/130201mobileprivacyreport.pdf. 

7See, e.g., Fed. Trade Comm’n, The Federal Trade 

Commission Investigation of Gasoline Price 

Manipulation and Post-Katrina Gasoline Price 

Increases: A Commission Report to Congress (2006), 

https://www.ftc.gov/sites/default/files/documents/ 

reports/federal-trade-commission-investigationgasoline-price-manipulation-and-post-katrinagasoline-price/060518publicgasolineprices

investigationreportfinal.pdf; Fed. Trade Comm’n, 

Gasoline Price Changes: The Dynamic of Supply, 

Demand, and Competition (2005), https://

www.ftc.gov/sites/default/files/documents/reports/ 

gasoline-price-changes-dynamic-supply-demandand-competition-federal-trade-commission-report2005/050705gaspricesrpt.pdf; Fed Trade Comm’n 

Staff, The Petroleum Industry: Mergers, Structural 

Change, And Antitrust Enforcement (2004), https:// 

www.ftc.gov/sites/default/files/documents/reports/ 

petroleum-industry-mergers-structural-change-andantitrust-enforcement-report-staff-federal-trade/ 

040813mergersinpetrolberpt.pdf; Fed. Trade 

Comm’n Staff, Competition and Consumer 

Protection Perspectives on Electric Power 

Regulatory Reform: Focus on Retail Competition 

(2001), https://www.ftc.gov/sites/default/files/ 

documents/reports/competition-and-consumerprotection-perspectives-electric-power-regulatoryreform-focus-retail/electricityreport.pdf; Fed. Trade 

Comm’n Staff, Competition and Consumer 

Protection Perspectives on Electric Power 

Regulatory Reform (2000), https://www.ftc.gov/ 

reports/competition-consumer-protectionperspectives-electric-power-regulatory-reform. 

8Fed. Trade Comm’n Staff, Anticipating the 21st 

Century: Competition Policy in the New High-Tech, 

Global Marketplace (1996), https://www.ftc.gov/ 

system/files/documents/reports/anticipating-21stcentury-;competition-policy-new-high-tech-globalmarketplace/gc_v1.pdf at Ch. 9. 

9Fed. Trade Comm’n Staff, Broadband 

Connectivity Competition Policy (2007), https://

www.ftc.gov/sites/default/files/documents/reports/ 

broadband-connectivity-competition-policy/ 

v070000report.pdf. 

10The Commission’s workshop and report on the 

Sharing Economy addressed many issues related to 

‘‘platform’’ businesses. Fed. Trade Comm’n Staff, 

The Sharing Economy: Issues Facing Platforms, 

Participants & Regulators (2016), https://

www.ftc.gov/system/files/documents/reports/ 

sharing-✖ftc_staff_report_on_the_sharing_

economy.pdf. 

heavily upon the willingness of its 

people to assess their work critically 

and explore possibilities for 

improvement.’’ 4 The hearings and 

associated public comment process will 

provide opportunities for FTC staff and 

leadership to obtain input from a broad 

and diverse range of interested 

stakeholders and experts, and will 

stimulate thoughtful internal and 

external evaluation of the FTC’s nearand long-term law enforcement and 

policy agenda. The hearings may 

identify areas for additional study, 

enforcement, advocacy, and policy 

guidance, including improvements to 

the agency’s investigation and law 

enforcement processes. 

The Commission will invite public 

comment in stages throughout the term 

of the hearings. 

• Through August 20, 2018, the 

Commission will accept public 

comment on the topics identified in this 

announcement. Each topic description 

includes issues of particular interest to 

the Commission, but comments need 

not be restricted to these subjects. 

• Additionally, the Commission will 

invite comments on the topic of each 

hearing session. The FTC will issue a 

news release before each session to 

inform the public of the agenda, the date 

and location, and instructions on 

submitting comment. 

• The Commission will also invite 

public comment upon completion of the 

entire series of hearings. 

The Commission is especially 

interested in new empirical research 

that indicates (or contraindicates) a 

causal relationship with respect to any 

of the topics identified for comment. 

Upon review and consideration of a 

public comment highlighting such 

research, the Commission may request 

the voluntary sharing of the data and 

models underlying the comment, in 

accordance with general principles of 

peer review of social scientific inquiry, 

and consistent with confidentiality or 

other limitations on the sharing of such 

data. 

Commenters are invited to address 

one or more of the following topics 

generally, or with respect to a specific 

industry, such as the health care,5 hightech,6 or energy 7 industries. (1) The 

state of antitrust and consumer 

protection law and enforcement, and 

their development, since the Pitofsky 

hearings. Of particular interest to the 

Commission: (a) The continued viability 

of the consumer welfare standard for 

antitrust law enforcement and policy; 

(b) economic analysis and evidence on 

market competitiveness, enforcement 

policy, and the effects of past FTC 

enforcement decisions; (c) the 

identification of new developments in 

markets and in business-to-business or 

business-to-consumer relationships; (d) 

the benefits and costs associated with 

the growth of international competition 

and consumer protection enforcement 

regimes; and (e) the advisory and 

advocacy role of the FTC regarding 

enforcement efforts by competition and 

consumer protection agencies outside 

the United States, when such efforts 

have a direct effect on important U.S. 

interests. Comments filed in electronic 

form should be submitted using this 

link: https://www.regulations.gov/ 

docket?D=FTC-2018-0048. 

(2) Competition and consumer 

protection issues in communication, 

information, and media technology 

networks. FTC staff’s 1996 Competition 

Policy in the New High-Tech Global 

Marketplace report 8 discussed the 

competitive analysis of both unilateral 

and joint conduct in industries subject 

to network effects; and FTC staff’s 2007 

Broadband Connectivity and 

Competition Policy report 9 addressed 

similar issues in the broadband internet 

access service market. Of particular 

interest to the Commission: (a) Whether 

contemporary industry practices in 

networked industries continue to 

present competition and consumer 

protection concerns like those discussed 

in the prior reports; (b) the welfare 

effects of regulatory intervention to 

promote standardization and 

interoperability; (c) the application of 

the FTC’s Section 5 authority to the 

broadband internet access service 

business; and (d) unique competition 

and consumer protection issues 

associated with internet and online 

commerce. Comments filed in electronic 

form should be submitted using this 

link: https://www.regulations.gov/ 

docket?D=FTC-2018-0049. 

(3) The identification and 

measurement of market power and entry 

barriers, and the evaluation of collusive, 

exclusionary, or predatory conduct or 

conduct that violates the consumer 

protection statutes enforced by the FTC, 

in markets featuring ‘‘platform’’ 

businesses.10 Of particular interest to 

the Commission: (a) Whether the 

platform business model has unique 

implications for antitrust and consumer 

protection law enforcement and policy; 

and (b) whether and how the presence 

of ‘‘network effects’’ should affect the 

Commission’s analysis of competition 

and consumer protection issues in these 

markets. Comments filed in electronic 

form should be submitted using this 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices 38309 

11The Commission has previously issued reports 

related to this area of inquiry, including id.; Fed. 

Trade Comm’n Staff, Internet of Things: Privacy and 

Security in a Connected World (2015), https://

www.ftc.gov/system/files/documents/reports/ 

federal-trade-commission-staff-report-november2013-workshop-entitled-internet-things-privacy/ 

150127iotrpt.pdf; and Fed. Trade Comm’n, Big 

Data: A Tool for Inclusion or Exclusion? (2016), 

https://www.ftc.gov/system/files/;documents/ 

reports/big-data-tool-inclusion-or-exclusionunderstanding-issues/160106big-data-rpt.pdf. 

12Fed. Trade Comm’n & U.S. Dep. Justice, 

Guidelines for the Licensing of Intellectual Property 

(2017), https://www.justice.gov/atr/IPguidelines/ 

download. 

13Fed. Trade Comm’n & U.S. Dep. Justice, 

Antitrust Enforcement and Intellectual Property 

Rights: Promoting Innovation and Competition 

(2007), https://www.justice.gov/atr/public/hearings/ 

ip/222655.pdf. 

14Fed. Trade Comm’n, To Promote Innovation: 

The Proper Balance of Competition Law and Policy 

(2003), https://www.ftc.gov/sites/default/files/ 

documents/reports/promote-innovation-properbalance-competition-and-patent-law-and-policy/ 

innovationrpt.pdf. 

15Fed. Trade Comm’n, The Evolving IP 

Marketplace: Aligning Patent Notice and Remedies 

with Competition (2011), https://www.ftc.gov/sites/ 

default/files/documents/reports/evolving-ipmarketplace-aligning-patent-notice-and-remediescompetition-report-federal-trade/110307

patentreport.pdf. 

16Fed. Trade Comm’n, Patent Assertion Entity 

Activity: An FTC Study (2016), https://www.ftc.gov/ 

system/files/documents/reports/patent-assertionentity-activity-ftc-study/p131203_patent_assertion_

entity_activity_an_ftc_study_0.pdf. 

17Enforcement and policy issues with respect to 

standard essential patents are discussed in Fed. 

Trade Comm’n & U.S. Dep. Justice, Antitrust 

Enforcement and Intellectual Property Rights: 

Promoting Innovation and Competition (2007), 

https://www.justice.gov/atr/public/hearings/ip/ 

222655.pdf and have been the subject of seven FTC 

enforcement matters. Licensing conduct, such as 

tying and grantbacks, is discussed in the revised 

Fed. Trade Comm’n & U.S. Dep. Justice, Guidelines 

for the Licensing of Intellectual Property (2017), 

https://www.justice.gov/atr/IPguidelines/download. 

The behavior of Patent Assertion Entities is 

discussed in Fed. Trade Comm’n, Patent Assertion 

Entity Activity: An FTC Study (2016), https://

www.ftc.gov/system/files/documents/reports/ 

patent-assertion-entity-activity-ftc-study/p131203_

patent_assertion_entity_activity_an_ftc_study_

0.pdf. 

link: https://www.regulations.gov/ 

docket?D=FTC-2018-0050. 

(4) The intersection between privacy, 

big data, and competition.11 Of 

particular interest to the Commission: 

(a) Data as a dimension of competition, 

and/or as an impediment to entry into 

or expansion within a relevant market; 

(b) competition on privacy and data 

security attributes (between, for 

example, social media companies or app 

developers), and the importance of this 

competition to consumers and users; (c) 

whether consumers prefer free/adsupported products to products offering 

similar services or capabilities but that 

are neither free nor ad-supported; (d) 

the benefits and costs of privacy laws 

and regulations, including the effect of 

such regulations on innovation, product 

offerings, and other dimensions of 

competition and consumer protection; 

(e) the benefits and costs of varying 

state, federal and international privacy 

laws and regulations, including the 

conflicts associated with those 

standards; and (f) competition and 

consumer protection implications of use 

and location tracking mechanisms. 

Comments filed in electronic form 

should be submitted using this link: 

https://www.regulations.gov/docket?D=

FTC-2018-0051. 

(5) The Commission’s remedial 

authority to deter unfair and deceptive 

conduct in privacy and data security 

matters. Of particular interest to the 

Commission: (a) The efficacy of the 

Commission’s use of its current 

remedial authority; and (b) the 

identification of any additional tools or 

authorities the Commission may need to 

adequately deter unfair and deceptive 

conduct related to privacy and data 

security. Comments filed in electronic 

form should be submitted using this 

link: https://www.regulations.gov/ 

docket?D=FTC-2018-0052. 

(6) Evaluating the competitive effects 

of corporate acquisitions and mergers. 

Of particular interest to the 

Commission: (a) The economic and legal 

analysis of vertical and conglomerate 

mergers; (b) whether the doctrine of 

potential competition is sufficient to 

identify and analyze the competitive 

effects (if any) associated with the 

acquisition of a firm that may be a 

nascent competitive threat; (c) the 

analysis of acquisitions and holding of 

a non-controlling ownership interest in 

competing companies; (d) the 

identification and evaluation of the 

exercise of monopsony power and 

buyer-power as arising from 

consolidation; (e) the identification and 

evaluation of differentiated but 

potentially competing technologies, and 

of disruptive or generational changes in 

technology, and how such technologies 

affect competitive effects analysis; and 

(f) empirical validation of the analytical 

tools used to evaluate acquisitions and 

mergers (e.g., models of upward pricing 

pressure, gross upward pricing pressure, 

net innovation pressure, critical loss 

analysis, compensating marginal cost 

reduction, merger simulation, natural 

experiments, and empirical estimation 

of demand systems). Comments filed in 

electronic form should be submitted 

using this link: https://

www.regulations.gov/docket?D=FTC2018-0053. 

(7) The evidence and analysis of 

monopsony power, including but not 

limited to, in labor markets. Of 

particular interest to the Commission: 

(a) The analytic framework applied to 

conduct and transactions that negatively 

or positively affect competition between 

employers as buyers in labor markets; 

(b) evidence regarding the existence and 

exercise of buyer monopsony or market 

power in properly defined markets, 

including by employers in labor 

markets; (c) the exercise of monopsony 

power through collusion, including in 

labor markets through employer 

collusion; and (d) the use of noncompetition agreements and the 

conditions under which their use may 

be inconsistent with the antitrust laws. 

Comments filed in electronic form 

should be submitted using this link: 

https://www.regulations.gov/docket?D=

FTC-2018-0054. 

(8) The role of intellectual property 

and competition policy in promoting 

innovation. The Commission has taken 

a dual-pronged approach to issues 

arising at the intersection of intellectual 

property and antitrust law: (1) Antitrust 

enforcement against harmful business 

conduct involving intellectual property; 

and (2) competition advocacy regarding 

the development of intellectual property 

law. The Commission has articulated its 

enforcement positions in a number of 

public documents, including the joint 

Commission and Department of Justice 

2017 Antitrust Guidelines for the 

Licensing of Intellectual Property 12 and 

2007 Antitrust Enforcement and 

Intellectual Property Rights report.13

The Commission has engaged in 

substantial competition advocacy with 

respect to the legal and policy regime 

related to intellectual property rights, 

including its three ‘‘IP’’ reports: The 

2003 To Promote Innovation 14 report, 

the 2011 Evolving IP Marketplace 15

report, and the 2016 Patent Assertion 

Entity Activity 16 report. Of particular 

interest to the Commission: (a) The 

adoption and utilization of novel 

business practices (beyond those 

addressed in the Commission’s prior 

guidance and actions) 17 with respect to 

obtaining or enforcing intellectual 

property rights, where such practices 

may be inconsistent with the antitrust 

laws; (b) identification of contemporary 

patent doctrine that substantially affects 

innovation and raises the greatest 

challenges for competition policy; (c) 

evaluation of intellectual property 

litigation in competitive effects analysis; 

and (d) evaluation of efficiencies and 

entry considerations in technology 

markets in merger analysis. Comments 

filed in electronic form should be 

submitted using this link: https:// 


sradovich on DSK3GMQ082PROD with NOTICES
38310 Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Notices 

www.regulations.gov/docket?D=FTC2018-0055. 

(9) The consumer welfare 

implications associated with the use of 

algorithmic decision tools, artificial 

intelligence, and predictive analytics. Of 

particular interest to the Commission: 

(a) The welfare effects and privacy 

implications associated with the 

application of these technologies to 

consumer advertising and marketing 

campaigns; (b) the welfare implications 

associated with use of these 

technologies in the determination of a 

firm’s pricing and output decisions; and 

(c) whether restrictions on the use of 

computer and machine learning and 

data analytics affect innovation or 

consumer rights and opportunities in 

existing or future markets, or in the 

development of new business models. 

Comments filed in electronic form 

should be submitted using this link: 

https://www.regulations.gov/docket?D=

FTC-2018-0056. 

(10) The interpretation and 

harmonization of state and federal 

statutes and regulations that prohibit 

unfair and deceptive acts and practices. 

Of particular interest to the 

Commission: (a) Whether and to what 

extent other enforcement entities 

authorized to prosecute unfair or 

deceptive acts and practices apply FTC 

precedent in their enforcement efforts; 

and (b) whether the Commission can, 

and to what extent it should, take steps 

to promote harmonization between the 

FTC Act and similar statutes. Comments 

filed in electronic form should be 

submitted using this link: https://

www.regulations.gov/docket?D=FTC2018-0057. 

(11) The agency’s investigation, 

enforcement and remedial processes. Of 

particular interest to the Commission: 

(a) Whether the agency’s investigative 

process can be improved without 

diminishing the ability of the 

Commission to identify and prosecute 

prohibited conduct; (b) the extent to 

which the Commission’s Part 3 process 

facilitates timely and efficient 

administrative litigation; (c) the efficacy 

of the Commission’s current use of its 

remedial authority; and (d) willingness 

of affected parties to cooperate with the 

Commission in conducting postinvestigation and enforcement 

retrospectives. Comments filed in 

electronic form should be submitted 

using this link: https://

www.regulations.gov/docket?D=FTC2018-0058. 

Public Comments: Interested parties 

may submit written comments on the 

topics listed above to the FTC. 

Electronic submission is preferred; 

comments in paper form are also 

accepted. FTC staff may use these 

comments in any subsequent reports or 

policy papers. Comments should refer to 

‘‘Competition and Consumer Protection 

in the 21st Century Hearings, Project 

Number P181201.’’ If an interested party 

wishes to comment on multiple topics, 

we encourage filing a separate comment 

for each topic. If an interested party 

wishes to make general comments about 

the hearings, we encourage filing a 

comment in response to Topic 1, using 

this link: https://www.regulations.gov/ 

docket?D=FTC-2018-0048. For this stage 

of the public comment process, 

comments will be accepted until August 

20, 2018. 

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. If you prefer to file 

your comment on paper, write 

‘‘Competition and Consumer Protection 

in the 21st Century Hearings, Project 

Number P181201’’ 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 C), 

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 

C), Washington, DC 20024. If possible, 

submit your paper comment to the 

Commission by courier or overnight 

service. 

Because your comment may 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 in 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. 

If any entity has provided funding for 

research, analysis, or commentary that 

is included in a submitted public 

comment, such funding and its source 

should be identified on the first page of 

any submitted comment. 

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. For this 

stage of the comment process, the 

Commission will consider all timely 

and responsive public comments that it 

receives on or before August 20, 2018. 

The FTC Act and other laws that the 

Commission administers permit the 

collection of public comments. More 

information, including routine uses 

permitted by the Privacy Act, may be 

found in the FTC’s privacy policy, 

available at https://www.ftc.gov/siteinformation/privacy-policy. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2018–16608 Filed 8–3–18; 8:45 am] 

BILLING CODE 6750–01–P 


sradovich on DSK3GMQ082PROD with NOTICES