UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS:
Robert Pitofsky, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
Thomas B. Leary
In the Matter of
HARBOUR GROUP INVESTMENTS, L.P., a corporation.
Docket No. 9244
ORDER REOPENING AND MODIFYING ORDER
On February 16, 2000, Meade Instruments Corporation ("Meade"), the
successor to the respondent named in the consent order issued by the
Commission on August 19, 1991, in Docket No. 9244 ("Order"), filed its
Petition To Reopen and Modify Consent Order ("Petition") in this
matter. Meade asks that the Commission reopen and modify the Order
pursuant to Section 5(b) of the Federal Trade Commission Act, 15
U.S.C. § 45(b), and Section 2.51 of the Commission's Rules of Practice
and Procedure, 16 C.F.R. § 2.51, and consistent with the Statement of
Federal Trade Commission Policy Concerning Prior Approval And Prior
Notice Provisions, 60 Fed. Reg. 39,745 (Aug. 3, 1995) ("Prior Approval
Policy Statement"). Meade's Petition requests that the Commission
reopen and modify the Order so as to remove the prior approval
requirement contained in Paragraph II of the Order, which currently
requires Meade to seek the prior approval of the Commission before
directly or indirectly, through subsidiaries or otherwise, acquiring
the whole or any part of the stock, share capital, equity interest, or
assets, other than purchases of manufactured product in the ordinary
course of business, of any company engaged in the United States in the
manufacture or sale of mid-sized Schmidt-Cassegrain telescopes with
apertures of eight (8) to eleven (11) inches used for astronomical
viewing ("SCTs"). The thirty-day public comment period on Meade's
Petition ended on March 24, 2000. No comments were received. For the
reasons discussed below, the Commission has determined to reopen and
modify the Order.
The Commission, in its Prior Approval Policy Statement, "concluded
that a general policy of requiring prior approval is no longer
needed," citing the availability of the premerger notification and
waiting period requirements of Section 7A of the Clayton Act, commonly
referred to as the Hart-Scott-Rodino ("HSR") Act, 15 U.S.C. § 18a, to
protect the public interest in effective merger law enforcement. 60
SNIPPETS:
BEFORE FEDERAL TRADE COMMISSION
HARBOUR GROUP INVESTMENTS, L.P., a corporation.
ORDER REOPENING AND MODIFYING ORDER
On February 16, 2000, Meade Instruments Corporation, the successor to the respondent named in
Meade asks that the Commission reopen and modify the Order pursuant to Section 5of the
Reg.
Meade's Petition requests that the Commission reopen and modify the Order so as to remove the
ed in the United States in the manufacture or sale of mid-sized Schmidt-Cassegrain telescopes with
The Commission, in its Prior Approval Policy Statement, "concluded that a general policy of
The Commission announced that it will "henceforth rely on the HSR process as its principal
As a general matter, "Commission orders in such cases will not include prior approval or
The Commission said in its Prior Approval Policy Statement that "a narrow prior approval
As explained in the Prior Approval Policy Statement, the need for a prior notification
"when a petition is filed to reopen and modify an order pursuant to.
Prior notification is appropriate for acquisitions in the relevant markets because the record
The complaint in this matter alleged that, in 1990, Harbour Group and Diethelm collectively
IT IS FURTHER ORDERED that Paragraph II of the Order be, and it hereby is, modified, as of
The prior notification required by this Paragraph II shall be given on the Notification and
stice, and notification is required only of Respondent and not of any other party to the
Respondent shall provide the Notification to the Commission at least thirty days prior to
If, within the first waiting period, representatives of the Commission make a written request
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