CCC Holdings Inc.

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

IN THE MATTER OF CCC HOLDINGS INC., AND AURORA EQUITY PARTNERS III L.P.

Docket No. 9334 Order March 13, 2009 Order granting complaint counsel’s and respondents’ joint motion to dismiss the complaint.

ORDER DISMISSING COMPLAINT On November 25, 2008, the Federal Trade Commission issued the Administrative Complaint in this matter, having reason to believe that Respondents CCC Holdings Inc. (“CCC”) and Aurora Equity Partners III L.P. (“Aurora”) had entered into a merger agreement which, if consummated, would violate Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 45, and Section 7 of the Clayton Act, as amended, 15 U.S.C. § 18. Complaint Counsel and Respondents have now filed a Joint Motion to Dismiss Complaint in this matter. The Joint Motion states that Respondents have informed Complaint Counsel that they are abandoning the proposed merger; that CCC and Aurora have withdrawn their Hart-Scott-Rodino Notification and Report Forms filed for the proposed transaction; and that the complaint is now moot.1 The Commission has determined to dismiss the Administrative Complaint without prejudice, as the most important elements of the relief set out in the Notice of Contemplated Relief in the Administrative Complaint have been accomplished without the need 1 Joint Motion to Dismiss Complaint (March 12, 2009), available on the Adjudicative Proceedings page for this case at http://www.ftc.gov/os/ adjpro/d9334/index.shtm.

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for further administrative litigation.2 In particular, Respondents have announced that they have decided not to proceed with the proposed merger, and both CCC and Aurora have withdrawn the Hart-Scott-Rodino Notification and Report Forms they respectively filed for the proposed transaction. As a consequence, Respondents would not be able to effect the proposed transaction without filing new Hart-Scott-Rodino Notification and Report Forms. For the foregoing reasons, the Commission has determined that the public interest warrants dismissal of the Administrative Complaint in this matter. The Commission has determined to do so without prejudice, however, because it is not reaching a decision on the merits. Accordingly, IT IS ORDERED THAT the Administrative Complaint in this matter be, and it hereby is, dismissed without prejudice; and IT IS FURTHER ORDERED THAT the Joint Motion To Amend the Hearing Date filed by Complaint Counsel and Respondents on March 9, 2009, and certified to the Commission by Administrative Law Judge Chappell, be, and it hereby is, denied as moot.

By the Commission, Commissioner Rosch recused. 2 See In the Matter of Inova Health System Foundation, and Prince William Health System, Inc., Docket No. 9326, Order Dismissing Complaint (June 17, 2008), available at http://www.ftc.gov/os/adjpro/d9326/080617orderdismiss cmpt.pdf; accord, In the Matter of CRH plc, et al., Docket No. 9335, Order Dismissing Complaint (January 29, 2009), available at http://www.ftc.gov/os/ adjpro/d9335/index.shtm; In the Matter of Red Sky Holdings LP, et al., Docket No. 9333, Order Dismissing Complaint (December 10, 2008), available at http://www.ftc.gov/os/adjpro/d9333/081210redskycmpt.pdf; In the Matter of Equitable Resources, Inc., et al., Docket No. 9322, Order Dismissing Complaint (January 31, 2008) (Public Version), available at http://www.ftc.gov/os/ adjpro/d9322/080204complaint.pdf.

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