Announced Actions for December 16, 2005

For Your Information

Commission approval of staff comments: The Commission has approved the filing of comments by the staffs of the Bureau of Competition, the Bureau of Economics, and the Office of Policy Planning with Rep. Bill Seitz of the Ohio House of Representatives concerning Ohio House Bill 306 (HB 306). According to the comments, HB 306, which would amend the operation of wine wholesale franchises in Ohio by, among other things, eliminating the current minimum markup on wine at the wholesale level, is likely to lead to lower wine prices for Ohio consumers and may increase the variety of wines from which the state’s consumers can choose. Specifically, the comments state that HB 306 would increase wholesalers’ incentives to lower wholesale prices and to undertake efforts to increase the demand for wine suppliers’ brands, thereby likely decreasing the costs of wine distribution and increasing competition among both suppliers and wholesalers.

The Commission vote approving issuance of the staff comments was 4-0. They can be found on the FTC’s Web site and as a link to this press release. (FTC File No. V060003, the staff contact is Gregory P. Luib, Office of Policy Planning, 202-326-3249.)

Commission approval of proposed divestiture:

Following a public comment period, the Commission has approved a petition for proposed divestiture from The Procter & Gamble Company (P&G) and The Gillette Co. (Gillette). The Commission’s consent order allowing P&G’s acquisition of Gillette required the companies to divest certain assets after the transaction was consummated. In the petition, which was announced on November 8, 2005, and can be found on the FTC’s Web site and as a link to this press release, the companies requested FTC approval to sell Gillette’s Rembrandt toothpaste and tooth whitening business to Johnson & Johnson. That request has now been approved by a vote of 2-0, with Chairman Deborah Platt Majoras and Commissioner Pamela Jones Harbour recused. (FTC File No. 051-0115, Docket No. C4151; the staff contact is Roberta S. Baruch, Bureau of Competition, 202-326-2861; see press releases dated September 30 and November 8, 2005.)

Commission approval of final consent orders:

Following a public comment period, the Commission has approved a modified final consent order in the matter concerning Procter & Gamble Company’s (P&G) recent acquisition of The Gillette Co. (Gillette). The final order approved by the Commission has been modified in two ways. First, it includes a revised agreement in Non-Public Appendix II, concerning the SpinBrush Asset Purchase Agreement. Second, at the request of P&G, Paragraph III.A. has been changed to require divestiture of the SpinBrush Assets not later than 15 days (instead of 10 days) after the European Commission’s approval of the transaction. The Commission vote approving the modified final order was 2-0, with Chairman Deborah Platt Majoras and Commissioner Pamela Jones Harbour recused. (FTC File No. 051-0115; the staff contact is Norman A. Armstrong, Jr., 202-326-2072; see press release dated September 30, 2005.)

Following a public comment period, the Commission has approved a modified final complaint and consent order in the matter concerning Superior Mortgage Corp. The final complaint and order approved by the Commission contain minor complaint modifications related to the respondent’s alleged conduct. The Commission vote approving the modified final complaint and order was 4-0. (FTC File No. 052-3136; the staff contact is Jessica Rich, Bureau of Consumer Protection, 202-326-3224; see press release dated September 28, 2005.)

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

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