UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS: Robert Pitofsky, Chairman
Mary L. Azcuenaga
Janet D. Steiger
Roscoe B. Starek, III
Christine A. Varney
)
In the Matter of ))
Home Oxygen & Medical Equipment Co., )
a limited partnership, )
Mitchell P. Tarkoff, M.D., )
Revels M. Cayton, M.D., ) DOCKET NO. C-3530
Robert I. Deutsch, M.D., )
Leland G. Dobbs, M.D., )
Fredric N. Herskowitz, M.D., )
Jerrold A. Kram, M.D., )
R. Wayne Mall, M.D., )
Richard A. Nusser, M.D., )
Joel H. Richert, M.D., )
John E. Sailer, M.D., )
Herbert M. Schub, M.D., )
Jamil S. Sulieman, M.D., and )
T. Craig Williams, M.D., )
individually, and as partners, )
trading and doing business as )
Home Oxygen & Medical Equipment )
Company. )
)
ORDER REOPENING AND MODIFYING ORDER
On April 16, 1996, Dr. John E. Sailer, one of the
respondents named in the consent order issued by the Commission
on September 14, 1994, in Docket No. C-3530 ("Order"), filed his
first annual report of compliance with that Order in which he
explained that he had retired from the practice of medicine and
believed, therefore, that he no longer was subject to the Order's
annual reporting obligation. On June 17, 1996, Dr. Sailer filed
a verified statement confirming that he is retired and that he
has neither acquired nor intends to acquire any interest
proscribed by the Order. In addition to the annual reporting
requirement of Paragraph V.B., as a respondent, Dr. Sailer
continues to be subject to Paragraphs II. and III. of the Order.
SNIPPETS:
BEFORE FEDERAL TRADE COMMISSION
On April 16, 1996, Dr. John E. Sailer, one of the respondents named in the consent order
On June 17, 1996, Dr. Sailer filed a verified statement confirming that he is retired and
In addition to the annual reporting requirement of Paragraph V.B., as a respondent, Dr.
Paragraph II. prohibits each respondent from specified grants or acquisitions of interests in
Dr. Sailer's letter and verified statement together have been treated as a Petition To Reopen
to set aside the Order as it applies to him
For the reasons discussed below, the Commission has determined to grant Dr. Sailer's Petition.
Section 5of the FTC Act, 15 U.S.C. § 45, provides that the Commission shall reopen an order
A satisfactory showing sufficient to require such reopening is made when a request to reopen
In the case of a request for modification based on public interest grounds, a petitioner must
Dr. Sailer has submitted an affidavit affirming that he is permanently retired from the
The complaint in this matter alleged that Dr. Sailer, in partnership with the other named
Dr. Sailer's retirement is an exit from the market and is a sufficient changed circumstance
The respondent in Union Carbide Corporation, Order Reopening and Modifying Consent Order
it had no intention of re-entering the business.
These changed circumstances, therefore, warrant relieving him from being subjected to the
SEPARATE STATEMENT OF COMMISSIONER ROSCOE B. STAREK,
Home Oxygen and Medical Equipment Co.
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