Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Notices 27305

1Copies of the Complaint, the Decision and

Order, and Commissioner Starek’s statement are

available from the Commission’s Public Reference

Branch, H–130, 6th Street & Pennsylvania Avenue,

NW., Washington, DC 20580.

prior approval for Healthtrust to transfer its

hospitals to Columbia/HCA. In the Orlando

area, Columbia/HCA must terminate

Healthtrust’s participation in the South

Seminole Hospital within six months of the

date the order becomes final.

If the required divestitures in the Pensacola

area, the Okaloosa area, the Denton area, and

the Ville Platte-Mamou-Opelousas area, are

not completed within twelve months,

Columbia/HCA would consent to the

appointment of a trustee, who would have

twelve additional months to effect the

divestitures. If the required divestitures in

the Salt Lake City–Ogden MSA are not

completed within nine months, Columbia/

HCA would consent to the appointment of a

trustee, who would have twelve months to

sell all the Utah assets of Healthtrust,

including all the Healthtrust hospitals in

Utah. If the joint venture in Orlando is not

terminated within six months, Columbia/

HCA would consent to the appointment of a

trustee, who would have twelve months to

sell Healthtrust’s interest in the joint venture.

The two hold-separate agreements

executed in conjunction with the consent

agreement require Columbia/HCA, until the

completion of the divestitures or as otherwise

specified, to hold separate and preserve the

assets and businesses necessary to insure the

viability and marketability of the assets to be

divested, including all of Healthtrust’s assets

in the state of Utah. The proposed order

provides that approval by the Commission of

the divestitures shall be conditioned upon

the agreement by the acquirers that, for ten

years from the date of the divestiture, it will

not sell, without the prior approval of the

Commission, to another person operating (or

in the process of acquiring) any acute care

hospital in the same relevant area.

The order would prohibit Columbia/HCA

from acquiring any acute care hospital in any

of the six relevant areas without the prior

approval of the Federal Trade Commission. It

would also prohibit Columbia/HCA from

transferring, without prior Commission

approval, any acute care hospital it operates

in any relevant area to another person

operating (or in the process of acquiring) an

acute care hospital in the same relevant area.

These provisions, in combination, would

give the Commission authority to prohibit

any substantial combination of the acute care

hospital operations of Columbia/HCA with

those of any other acute care hospital in the

same relevant area, unless Columbia/HCA

convinced the Commission that a particular

transaction would not endanger competition

in that relevant area. The provisions would

not apply to acquisitions or sales where the

value of the transferred assets is $1 million

or less, and the provisions would expire ten

years after the order becomes final.

For ten years, the order would prohibit

Columbia/HCA from transferring all or any

substantial part of any acute care hospital in

any relevant area to another party without

first filing with the Commission an

agreement by the transferee to be bound by

the order.

The purpose of this analysis is to invite

public comment concerning the proposed

order, to assist the Commission in its

determination whether to make the order

final. This analysis is not intended to

constitute an official interpretation of the

agreement and order or to modify their terms

in any way.

The agreement is for settlement purposes

only and does not constitute an admission by

Columbia/HCA that its proposed acquisition

would have violated the law, as alleged in

the Commission’s complaint.

Donald S. Clark,

Secretary.

[FR Doc. 95–12589 Filed 5–22–95; 8:45 am]

BILLING CODE 6750–01–M

[Dkt. C–3569]

Del Monte Foods Company, et al.;

Prohibited Trade Practices, and

Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent order.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair acts and practices and unfair

methods of competition, this consent

order requires, among other things, Del

Monte Corporation and Pacific Coast

Producers to terminate the purchase

option agreement and the provisions of

the supply agreement that relate to

planning for the 1995 canning season

within three days after this order

becomes final, and to terminate the

remaining provisions of the supply

agreement by June 30, 1995. In addition,

the order requires the California-based

respondents to obtain, for ten years,

Commission approval before acquiring

any stock or assets of a United States

canned fruit manufacturer and before

entering into a variety of marketing,

packing, or other agreements with

competitors.

DATES: Complaint and Order issued

April 11, 1995.1

FOR FURTHER INFORMATION CONTACT:

Ronald Rowe, FTC/S–2105,

Washington, DC 20580. (202) 326–2610.

SUPPLEMENTARY INFORMATION: On Friday,

January 27, 1995, there was published

in the Federal Register, 60 FR 5397, a

proposed consent agreement with

analysis In the Matter of Del Monte

Foods Company, et al., for the purpose

of soliciting public comment. Interested

parties were given sixty (60) days in

which to submit comments, suggestions

or objections regarding the proposed

form of the order.

No comments having been received,

the Commission has ordered the

issuance of the complaint in the form

contemplated by the agreement, made

its jurisdictional findings and entered

an order to cease and desist, as set forth

in the proposed consent agreement, in

disposition of this proceeding.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret

or apply sec. 5, 38 Stat. 719, as amended; sec.

7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18)

Donald S. Clark,

Secretary.

[FR Doc. 95–12586 Filed 5–22–95; 8:45 am]

BILLING CODE 6750–01–M

[Dkt. 9263]

National Dietary Research, Inc., et al.;

Proposed Consent Agreement with

Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair acts and practices and unfair

methods of competition, this consent

agreement, accepted subject to final

Commission approval, would prohibit,

among other things, a Florida-based

corporation and its owner from making

claims regarding weight loss, hunger

reduction, calorie absorption,

cholesterol reduction, effects on

cellulite or body measurements, or any

other health benefits of any product or

program they advertise or sell, unless

the respondents possess competent and

reliable scientific evidence to

substantiate the claims. Also, the

consent agreement would prohibit the

respondents from misrepresenting test

results, from representing that any

advertisement is something other than a

paid advertisement, and from

representing that an endorsement is

typical of the experience of consumers

who use the product, unless the claim

is substantiated. In addition, the consent

agreement would require National

Dietary Research to pay $100,000 to the

Commission.

DATES: Comments must be received on

or before July 24, 1995.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., NW.,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Joel

Winston or Richard Cleland, FTC/S–

4002, Washington, DC 20580. (202) 326–

3153 or 326–3088.

SUPPLEMENTARY INFORMATION: Pursuant

to section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and § 3.25(f) of the Commission’s

rules of practice (16 CFR 3.25(f)), notice

is hereby given that the following