Notice2022-21747
Notice Pursuant to the Defense Production Act of 1950
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 6, 2022
Issuing agencies
Justice DepartmentAntitrust Division
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 193 (Thursday, October 6, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60706-60707]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21747]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the Defense Production Act of 1950
Notice is hereby given pursuant to Section 708 of the Defense
Production Act of 1950 (``DPA''), that the Assistant Attorney General
finds, with respect to the Voluntary Tanker Agreement (``VTA'')
proposed by the Maritime Administration (``MARAD''), that the purposes
of Section 708(c)(1) of the may not reasonably be achieved through a
voluntary agreement or plan of action having less anticompetitive
effects or without any voluntary agreement or plan of action. Given
this finding, the proposed Voluntary Agreement may become effective
following the publication of this notice.
Under the DPA, MARAD may enter into agreements with representatives
of private industry for the purpose of improving the efficiency with
which private firms contribute to the national defense when conditions
exist that may pose a direct threat to the national defense or its
preparedness. Such arrangements are generally known as ``voluntary
agreements.'' A defense to actions brought under the antitrust laws is
available to each participant acting within the scope of a voluntary
agreement that has come into force under the DPA.
The DPA requires that each proposed voluntary agreement be reviewed
by the Attorney General prior to becoming effective. If, after
consulting with the Chair of the Federal Trade Commission, the Attorney
General finds that the purpose of the DPA ``may not be reasonably
achieved through a voluntary agreement having less anticompetitive
effects or without any voluntary agreement or plan of action,'' the
agreement may become effective. 50 U.S.C. 4558 (f)(l)(B). All functions
which the Attorney General is required or authorized to perform by
section 708 of the DPA have been delegated to the Assistant Attorney
General, Antitrust Division. 28 CFR 0.40(l)
The purpose of the proposed VTA is to support Department of Defense
(``DoD'') contingency requirements to provide tanker capacity during
times of crisis through procedures agreed in advance. The proposed VTA
establishes the terms, conditions and procedures under which
participants agree voluntarily to make tankers available to the DoD.
MARAD has certified that the proposed VTA is necessary to carry out its
purpose.
MARAD requested that the Assistant Attorney General, Antitrust
Division, issue a finding that the proposed Voluntary Agreement
satisfies the statutory criteria set forth in 50 U.S.C. 4558(f)(1)(B).
The Assistant Attorney General, Antitrust Division, reviewed the
proposed Voluntary Agreement and consulted on it with the Chair of the
Federal Trade Commission. On September 21, 2022, by letter to Ann C.
Phillips, Maritime Administrator, Jonathan S. Kanter, Assistant
Attorney General, Antitrust Division, issued a finding pursuant to 50
U.S.C. 4558(f)(1)(B), that the purposes of the VTA ``may not reasonably
be achieved through a voluntary agreement . . .
[[Page 60707]]
having less anticompetitive effects or without any voluntary
agreement.''
McCormick Conforti,
Assistant Chief, Competition and Advocacy Section, Antitrust Division.
[FR Doc. 2022-21747 Filed 10-5-22; 8:45 am]
BILLING CODE 4410-11-P
</pre></body>
</html>Indexed from Federal Register on October 6, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.