42902 Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Notices 

Final Judgment are] so inconsonant with 

the allegations charged as to fall outside 

of the ‘reaches of the public interest.’’’ 

Microsoft, 56 F.3d at 1461 (quoting W. 

Elec. Co., 900 F.2d at 309). 

Moreover, the Court’s role under the 

APPA is limited to reviewing the 

remedy in relationship to the violations 

that the United States has alleged in its 

complaint, and does not authorize the 

Court to ‘‘construct [its] own 

hypothetical case and then evaluate the 

decree against that case.’’ Microsoft, 56 

F.3d at 1459; see also U.S. Airways, 38 

F. Supp. 3d at 75 (noting that the court 

must simply determine whether there is 

a factual foundation for the 

government’s decisions such that its 

conclusions regarding the proposed 

settlements are reasonable); InBev, 2009 

U.S. Dist. LEXIS 84787, at *20 (‘‘[T]he 

‘public interest’ is not to be measured by 

comparing the violations alleged in the 

complaint against those the court 

believes could have, or even should 

have, been alleged’’). Because the 

‘‘court’s authority to review the decree 

depends entirely on the government’s 

exercising its prosecutorial discretion by 

bringing a case in the first place,’’ it 

follows that ‘‘the court is only 

authorized to review the decree itself,’’ 

and not to ‘‘effectively redraft the 

complaint’’ to inquire into other matters 

that the United States did not pursue. 

Microsoft, 56 F.3d at 1459–60. 

In its 2004 amendments to the APPA, 

Congress made clear its intent to 

preserve the practical benefits of using 

judgments proposed by the United 

States in antitrust enforcement, Public 

Law 108–237 § 221, and added the 

unambiguous instruction that ‘‘[n]othing 

in this section shall be construed to 

require the court to conduct an 

evidentiary hearing or to require the 

court to permit anyone to intervene.’’ 15 

U.S.C. 16(e)(2); see also U.S. Airways, 

38 F. Supp. 3d at 76 (indicating that a 

court is not required to hold an 

evidentiary hearing or to permit 

intervenors as part of its review under 

the Tunney Act). This language 

explicitly wrote into the statute what 

Congress intended when it first enacted 

the Tunney Act in 1974. As Senator 

Tunney explained: ‘‘[t]he court is 

nowhere compelled to go to trial or to 

engage in extended proceedings which 

might have the effect of vitiating the 

benefits of prompt and less costly 

settlement through the consent decree 

process.’’ 119 Cong. Rec. 24,598 (1973) 

(statement of Sen. Tunney). ‘‘A court 

can make its public interest 

determination based on the competitive 

impact statement and response to public 

comments alone.’’ U.S. Airways, 38 F. 

Supp. 3d at 76 (citing Enova Corp., 107 

F. Supp. 2d at 17). 

XVI. Determinative Documents 

There are no determinative materials 

or documents within the meaning of the 

APPA that were considered by the 

United States in formulating the 

proposed Final Judgment. 

Dated: July 28, 2021. 

Respectfully submitted, 

lllllllllllllllllllll

Brendan Sepulveda (D.C. Bar #1025074), 

United States Department of Justice, 

Antitrust Division, 450 Fifth Street NW, Suite 

7000, Washington, DC 20530, Telephone: 

(202) 316–7258, Facsimile: (202) 514–6381, 

Email: brendan.sepulveda@usdoj.gov. 

[FR Doc. 2021–16682 Filed 8–4–21; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–876] 

Bulk Manufacturer of Controlled 

Substances Application: Cambrex 

High Point, Inc. 

AGENCY: Drug Enforcement 

Administration, Justice. 

ACTION: Notice of application. 

SUMMARY: Cambrex High Point, Inc., has 

applied to be registered as a bulk 

manufacturer of basic class(es) of 

controlled substance(s). Refer to 

Supplemental Information listed below 

for further drug information. 

DATES: Registered bulk manufacturers of 

the affected basic class(es), and 

applicants therefore, may file written 

comments on or objections to the 

issuance of the proposed registration on 

or before October 4, 2021. Such persons 

may also file a written request for a 

hearing on the application on or before 

October 4, 2021 

ADDRESSES: Written comments should 

be sent to: Drug Enforcement 

Administration, Attention: DEA Federal 

Register Representative/DPW, 8701 

Morrissette Drive, Springfield, Virginia 

22152. 

SUPPLEMENTARY INFORMATION: In 

accordance with 21 CFR 1301.33(a), this 

is notice that on July 9, 2021, Cambrex 

High Point, Inc., 4180 Mendenhall Oaks 

Parkway, High Point, North Carolina 

27265–8017, applied to be registered as 

a bulk manufacturer of the following 

basic class(es) of controlled 

substance(s): 

Controlled substance Drug 

code Schedule 

Oxymorphone .................. 9652 II 

Noroxymorphone ............. 9668 II 

The company plans to manufacture 

the above listed controlled substances in 

bulk for distribution to its customers. 

No other activities for these drug codes 

are authorized for this registration. 

William T. McDermott, 

Assistant Administrator. 

[FR Doc. 2021–16690 Filed 8–4–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Foreign Claims Settlement 

Commission 

[F.C.S.C. Meeting and Hearing Notice No. 

03–21] 

Sunshine Act Meeting 

The Foreign Claims Settlement 

Commission, pursuant to its regulations 

(45 CFR part 503.25) and the 

Government in the Sunshine Act (5 

U.S.C. 552b), hereby gives notice in 

regard to the scheduling of open 

meetings as follows: 

TIME AND DATE: Tuesday, August 17, 

2021, at 10:00 a.m. 

PLACE: This meeting will be held by 

teleconference. There will be no 

physical meeting place. 

STATUS: Open. Members of the public 

who wish to observe the meeting via 

teleconference should contact Patricia 

M. Hall, Foreign Claims Settlement 

Commission, Tele: (202) 616–6975, two 

business days in advance of the 

meeting. Individuals will be given callin information upon notice of 

attendance to the Commission. 

MATTERS TO BE CONSIDERED: 10:00 a.m.— 

Issuance of Proposed Decisions under 

the Guam World War II Loyalty 

Recognition Act, Title XVII, Public Law 

114–328. 

CONTACT PERSON FOR MORE INFORMATION: 

Requests for information, advance 

notices of intention to observe an open 

meeting, and requests for teleconference 

dial-in information may be directed to: 

Patricia M. Hall, Foreign Claims 

Settlement Commission, 441 G St NW, 

Room 6234, Washington, DC 20579. 

Telephone: (202) 616–6975. 

Jeremy R. LaFrancois, 

Chief Administrative Counsel. 

[FR Doc. 2021–16859 Filed 8–3–21; 4:15 pm] 

BILLING CODE 4410–BA–P 


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