Announced Actions for May 10, 2002

Following the appropriate public comment periods, the Commission has approved three applications by America Online/Time Warner, Inc. (AOLTW) regarding non-affiliated Internet Service Providers (ISPs) in the indicated cable divisions and the agreements executed by each. They are: 1) Athena Services, Inc. (in the Appleton, Green Bay, and Milwaukee divisions); 2) Web One, Inc. (in the Kansas City, Kansas division); and 3) Internet Nebraska Corp. (in the Lincoln, Nebraska division). AOLTW's applications were submitted pursuant to Paragraph II.A.2 of the decision and order finalized by the Commission on April 17, 2001 concerning AOL's acquisition of Time Warner, Inc. The Commission vote to approve the transactions was 4-0, with Chairman Timothy J. Muris not participating. (FTC Docket No. C-3989; staff contact is Daniel Ducore, 202-326-2526; see press releases dated November 9, 2000; December 14, 2000; February 26, 2001; April 18, 2001; September 28, 2001; October 4, 2001; October 19, 2001; October 30; November 13, 2001; November 20, 2001; December 4, 2001, December 7, 2001, December 21, 2001, December 27, 2001 and February 22 and 26, 2002.)

The Commission has approved an application from Diageo PLC (Diageo) regarding the FTC's decision and order contained in the consent agreement accepted on December 19, 2001 that conditionally allowed the acquisition by Diageo and Pernod Richard S.A. of the Seagram Spirits and Wine Group from Vivendi Universal S.A.. Under the terms of the order, which is available on the FTC's Web site, Diageo is required to divest the "Malibu Rum Assets" to a Commission-approved buyer. Through this action, the company has received approval to sell these assets to Allied Domecq plc, under the terms of an agreement signed between the companies on February 27, 2002. The Commission vote to approve the application was 5-0. (FTC File No. 001-0057, Docket No. C-4032; staff contact is Elizabeth Piotrowski, Bureau of Competition, 202-326-2623; see press releases dated October 23 and December 19, 2001 and March 15, 2002 )

Commission approval of final consent order:

Following a public comment period, the Commission has approved a final consent order in the matter concerning Eli Lilly and Company. The vote to approve the final order was 5-0. (FTC File No. 012-3214, staff contacts are Mamie Kresses and Dean C. Forbes, Bureau of Consumer Protection; 202-326-2070 or 202-326-2831; see press release dated January 18, 2002.)

Publication of Federal Register notice:

The Commission has approved the publication of a Federal Register notice concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Under the Energy Policy and Conservation Act (Appliance Labeling Rule). As detailed in the notice, which will be published shortly and is available on the Commission's Web site, the FTC is amending the Appliance Labeling Rule to require dishwasher manufacturers to submit their annual energy data for these appliances this year on June 17, rather than on June 1, as is currently required. The extra time will allow the manufacturers to ensure that the data reflects the results of a new Department of Energy test procedure that will become effective on June 17, 2002. In addition, the FTC is amending the Rule to require a 60-day effective date for any new ranges of comparability for standard-size dishwashers published this year, and is providing manufacturers with information about their responsibilities for re-labeling these products this year. The Commission vote to approve publication of the Federal Register notice was 5-0. (FTC File No. R611004, staff contact is Hampton Newsome, Bureau of Consumer Protection; 202-326-2889.)

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, D.C. 20580. Call toll-free: 1-877-FTC-HELP.