Polypore International, Inc
Volume 150 · 150 F.T.C. 837
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Polypore International, Inc, 150 F.T.C. 837 (2010). Consumer Law Library, https://consumerlawlibrary.org/decisions/v150-0022
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POLYPORE INTERNATIONAL, INC. 837 Interlocutory Orders, Etc.
POLYPORE INTERNATIONAL, INC.
Docket No. 9327. Order, September 2, 2010 Order granting motion for in camera treatment by third party Johnson Controls, Inc. through June 1, 2014.
ORDER GRANTING MOTION FOR IN CAMERA TREATMENT FILED BY NON-PARTY JOHNSON CONTROLS, INC.
I.
Pursuant to Commission Rule 3.45, 16 C.F.R. § 3.45,! nonparty Johnson Controls, Inc. (“JCT’), has filed a motion (“JCI Motion”) requesting in camera treatment for a portion of the Declaration of Robert Gruenstern, dated July 12, 2010 and filed as Attachment B to Complaint Counsel’s Response to Respondent’s Third Motion to Reopen the Hearing Record. Neither Complaint Counsel nor Respondent opposes the JCI Motion. For the reasons described below, the Commission grants the JCI Motion. Il.
On July 8, 2010 Respondent Polypore International, Inc. (“Polypore”) filed Respondent’s Third Motion to Reopen the Hearing Record. On July 15, 2010, Complaint Counsel filed its Response to Respondent’s Third Motion to Reopen the Hearing Record, which included as Attachment B the Declaration of Robert Gruenstern, Executive Director of Product Engineering, Power Solutions — Americas for JCI. JCI requests in camera treatment for the last clause in the last sentence in paragraph two of Mr. Gruenstern’s declaration, which states that JCI [redacted] JCI requests that in camera treatment for this phrase extend until ' On May 1, 2009, the Commission published several amendments to its Rules of Practice designed to expedite the Part 3 litigation process. See 74 Fed. Reg. 20205. These rules govern all proceedings initiated on or after May 1, 2009. See id.; see also 74 Fed. Reg. 1804 (establishing interim final rules for actions commenced after January 13, 2009). Because the complaint in this matter was issued on September 10, 2008, the Rules of Practice in effect prior to the amendments govern this proceeding. VOLUME 150 Interlocutory Orders, Etc.
June 1, 2014, which is the date on which in camera treatment for other JCI materials filed in this matter will expire.’ The Commission recognizes the substantial public interest in a full and open record of its adjudicative proceedings. H.P. Hood & Sons, Inc., 58 F.T.C. 1184, 1188 (1961). However, the Commission may order that material “be placed in camera after finding that its public disclosure will likely result in a clearly defined, serious injury to the person, partnership or corporation requesting in camera treatment.” 16 C.F.R. § 3.45(b). The Commission treats non-party requests for in camera treatment with “special solicitude.” In re Crown Cork & Seal Co., 71 F.T.C. 1714, 1715 (1967). Where the Commission grants in camera treatment for strategic business information, it typically does so for a period of two to five years. In re Union Oil Co. of Cal., 2004 FTC LEXIS 223, at *2 (2004).
JCI supports its motion with a declaration from Mr. Robert Gruenstern. Mr. Gruenstern states that the phrase over which JCI seeks protection reflects JCI’s current business strategy for product development. Mr. Gruenstern also states that (1) he is familiar with JCI’s confidentiality policies surrounding this information, (2) JCI does not disclose this information to the public or competitors, and (3) public disclosure would cause JCI to suffer serious competitive injury.
Based on the JCI Motion and Mr. Gruenstern’s supporting declaration, the Commission finds that JCI has met the standards for in camera treatment for a period to expire on June 1, 2014. Accordingly, IT IS ORDERED THAT in camera treatment be, and it hereby is, granted (1) to the last clause in the last sentence of paragraph two in the Declaration of Robert Gruenstern, dated July 12, 2010, and filed as Attachment B to Complaint Counsel’s Response to Respondent’s Third Motion to Reopen the Hearing ? See Order on Non-Parties’ Motions for In Camera Treatment, FTC Docket No. 9327 (May 6, 2009); Order on Non-Parties’ Supplemental Motions for In Camera Treatment, FTC Docket No. 9327 (June 4, 2009).