Peabody Energy Corporation

Volume 170 · 170 F.T.C. 448

Citation: 170 F.T.C. 448
Docket: 9391
Decision: 2020-07-01
Document type: interlocutory order
Case type: antitrust
Industry: coal mining
Outcome: other
Relief: other
Source: Original volume PDF
Original PDF: This decision as a PDF

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Peabody Energy Corporation, 170 F.T.C. 448 (2020). Consumer Law Library, https://consumerlawlibrary.org/decisions/v170-0014

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Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

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IN THE MATTER OF PEABODY ENERGY CORPORATION, AND ARCH COAL, INC.

Docket No. 9391. Order, July 1, 2020 Order governing public accessibility to evidentiary hearings during the pandemic. COMMISSION ORDER ON PUBLIC ACCESS TO THE EVIDENTIARY HEARING IN LIGHT OF THE PUBLIC HEALTH EMERGENCY Because of the declared public health emergency1 associated with the outbreak of the coronavirus disease 2019 (“COVID-19”), also known as SARS-Cov-2, and because it has been advised that gatherings of people in close proximity may facilitate the spread of the disease, the Commission has determined that it is in the public interest to mitigate the transmission and impact of COVID-19, and that good cause exists to issue an order addressing public access to the evidentiary hearing pursuant to Commission Rule 3.41(a), 16 C.F.R. § 3.41(a). Accordingly, 1 Pursuant to the Public Health Services Act, 42 U.S.C. § 247d, on January 31, 2020, the Secretary of the Department of Health and Human Services issued a declaration that a health emergency exists because of COVID- 19; and on March 13, 2020, the President of the United States issued a proclamation that a national emergency exists concerning COVID-19. Remarks by President Trump, available at https://www.whitehouse.gov/briefingsstatements/remarks-presidenttrump-vice-president-pence-members-coronavirus-task-force-press-conference-3/ (Mar. 13, 2020) PEABODY ENERGY CORPORATION 449 Interlocutory Orders, Etc.

IT IS HEREBY ORDERED THAT:

(1) public access to the evidentiary hearing in this proceeding, to the extent permitted by any in camera orders, shall be allowed only via telephone conference or live streaming;

(2) all hearings in this proceeding before the Chief Administrative Law Judge that involve the testimony of witnesses will take place in Room 532 of the Federal Trade Commission Headquarters Building; and (3) no more than ten people will be allowed in Room 532 during the taking of witness testimony, limited to:

i. the Chief Administrative Law Judge and his two Attorney Advisors;

ii. the testifying witness;

iii. Complaint Counsel (no more than two people); iv. Respondent's counsel (no more than two people); v. the witness' counsel (no more than one person); and vi. a court reporter.

By the Commission.

VOLUME 170 Interlocutory Orders, Etc.