Bristol-Myers Company

Text (OCR of the scan at left; may contain errors)

IN Tile MATTER OF BRISTOL-MYEHS COMPANY, ET AL.

Docket 8917. Order, Apr. , 1975 Rejection of administrative law judge s certification of respondents' requests for confidential treatment for documents produced under discovery demands. Appearances For the Commission: Lynne C. McCoy. For the respondents: Gilbert Weil and Gerald Guttman New York City.

ORDER REJECTING CERTIFICATION OF REQUESTS FOR CONFIDENTIAL TREATMENT By order of Mar. 18, 1975, the administrative law judge certified to the Commission the motion of respondent Bristol-Myers, in which respondents Ted Bates & Company, Inc., and Young & Rubicam International, Inc., join, requesting: (1) that certain materials which they submit to complaint counsel be deemed unavailable for public inspection pursuant to Section 4.l0(a)(2) of the Commission s Rules of Practice and (2) that respondents be notified ten days prior to the release of such materials under the procedures of Section 4. 11 of the rules. Respondents request such treatment for all materials which they designate as "confidential" and which were denied protection in the Law Judge s order of Jan. 31 1975.

The Commission, in its discretion, wih agree to give advance notice before disclosing certain materials voluntarily submitted in connection with an investigation. However, this matter has gone past the investigation stage into adjudication. Once a matter enters adjudication the Commission wih not consider requests for advance notice before disclosure where the ALJ has denied protective status for said materials, nor wi)l it consider a request for advance determination that materials wil be withheld from the public. Accordingly, It l:S ordered That the certification of respondents' requests for confidential treatment be, and it hereby is, rejected. Complaint 85 F .