[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60706-60707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21747]


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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