Announced Actions for November 12, 1998

Petitions to reopen and modify an order: Following a public comment period, the FTC has approved the request from the following entity to reopen and modify an order.

• The Commission has voted to reopen, modify and set aside in its entirety a 1990 consent order with Emerson Electric Co. The Commission vote to grant the company's petition was 4-0. (See news release dated August 21, 1998; Docket No. C-3291; Staff contact is Roberta Baruch, 202-326-2861.)

Applications for approval of transactions: The FTC has received applications for approval of transactions from the following. The FTC is seeking public comments on these applications for 30 days, until December 14, 1998.

• Digital Equipment Corporation has submitted an application to license technology to Samsung Electronics Co., Ltd. The licensing agreement is required under a final order with Digital that settles FTC charges that Digital's sale of certain semiconductor business assets to Intel Corporation would violate antitrust laws. (See news releases dated April 23, 1998; July 20, 1998; Docket No. C-3818; Staff contact is Daniel P. Ducore, 202-326-2526.)

• Nortek Inc. has submitted a divestiture application requesting to divest M&S Systems, L.P., its wholly owned subsidiary, to Chamberlain M&S, L.P., an entity wholly owned by The Chamberlain Group, Inc. The divestiture is required under the terms of a final order with Nortek that settles FTC charges that Nortek's acquisition of NuTone, its closest competitor in the hard-wired residential intercom business, would violate antitrust laws. (See news releases dated July 27, 1998; October 19, 1998; Docket No. C-3831; Staff contact is Daniel P. Ducore, 202-326-2526.)

• Tenet Healthcare Corporation has petitioned the FTC for approval to divest all of its stock in Monarch Health Systems to Santa Barbara Cottage Hospital. The divestiture is required under the terms of a consent order that settles FTC charges that Tenet's acquisition of OrNda Healthcorp would threaten competition for hospital care in San Luis Obispo, California. (see news release dated January 29, 1997; FTC File No. 971-0024; Staff contact is Roberta Baruch, 202-326-2861.)

Comments on these divestiture applications should be addressed to: Secretary, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580.

Consent agreements given final approval: Following a public comment period, the Commission has made final consent agreements with the following entities. The Commission action makes the consent orders binding on the respondents.

• The Commission has made final a consent order against Kalvin P. Schmidt, doing business as DKS Enterprises, DS Productions, DES Enterprises, www.mkt-america.com and www.mkt-usa.com. Under the terms of the order, Schmidt is banned from participating in any chain letter schemes, pyramid sales schemes or Ponzi schemes, and from assisting or providing others with the means to participate in these prohibited schemes. The Commission vote to make the order final was 4-0. (See news release dated July 14, 1998; FTC File No. 972 3308; Staff contact is Tara Flynn, 202-326-3710.)

• A final consent order against Commonwealth Land Title Insurance Company will settle FTC charges that the company's proposed consolidation of its title plant with its only competitor in the Washington, DC-market -- First American Title Insurance Company -- would violate antitrust laws by restricting competition. The Commission vote to make the order final was 4-0. (See news release dated August 26, 1998; FTC File No. 981 0127; Staff contact is Patrick J. Roach, 202-326-2793.)

Amended Complaint:

The FTC has voted to file an amended complaint adding Lawrence Lind as a defendant in the complaint it filed against Hi Tech Mint Systems, Inc. on August 18, 1998, alleging that the New York-based company that sells peppermint patty vending machine business opportunities violated Section 5 of the FTC Act and the agency's Franchise Rule. In addition, the complaint has been amended to reflect that the correct name of the other individual defendant is Ron Depung (aka Thomas Depung and Ron Depound). The amended complaint was filed in the U.S. District Court for the Southern District of New York. The Commission vote to file the amended complaint was 4-0. (See news release dated September 29, 1998; Staff contact is Michael Bloom, 212-264-1201 or Ronald Waldman, 212-264-1242; FTC File No. X980075; Civil Action No. 98 CIV 5881.)

Copies of the documents referenced above 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, D.C. 20580; 202-326-3128; TTY for the hearing impaired 1-866-653-4261. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710.