Section 0940-03-10-.05 - REVIEW AND FINDINGS(1) The Department shall consult with the Attorney General regarding its evaluation of any potential reduction in competition resulting from a cooperative agreement. (a) The Attorney General may consult with the United States Department of Justice or the Federal Trade Commission regarding its evaluation of any potential reduction in competition resulting from a cooperative agreement.(b) If the Attorney General and Reporter, after consultation with the Department, determines it is necessary to consult with the United States Department of Justice or the Federal Trade Commission, or determines that further information is needed to review the application, the Department may, upon written notice to the applicant, Attorney General and Reporter, and any intervenor, extend its review of the application an additional forty-five (45) days.(2) The Department shall grant or deny an application within sixty (60) days of the date of filing of the application. This time period shall be tolled upon issuance of a notice to hold an application hearing until completion of the hearing. The time period may also be tolled if the Department determines that additional time is needed to review the application. Upon written notice to the applicants, the Attorney General and Reporter, and any intervenor, the Department may extend the time for review for a period of thirty (30) days, which, at the discretion of the commissioner, may be extended for an additional thirty (30) days.(3) Prior to making an application the parties may submit an initial filing to the Department. (a) The initial filing shall be filed at least forty-five (45) days prior to the filing of the application.(b) The initial filing shall include the following:1. Summarize the proposed agreement;2. Describe the geographic market area; and3. Include those factors described in 0940-3-10-.03(2)(f) and (g).(c) The Department shall review the initial filing within thirty (30) days of its receipt and inform the parties of any deficiency along with a proposed remedy to correct these deficiencies.(d) Review of an initial filing by the Department does not constitute approval of the final application.(4) The Department shall issue a COPA if it determines that the likely benefits outweigh any disadvantages attributable to a reduction in competition that may result from the agreement. This determination shall be made by considering the following:(a) the potential benefits of the cooperative agreement including but not limited to those listed in rule 0940-3-10-.03(2)(f);(b) the potential disadvantages of the agreement attributable to any reduction in competition likely to result from the cooperative agreement, including but not limited to those listed in rule 0940-3-10-.03(2)(g); and(c) The evaluation done by the Attorney General of any potential reduction in competition resulting from the agreement.(5) Upon making the determination to grant or deny an application, the Department shall send a copy of the decision notice to the applicants, the Attorney General, and any intervenor.(6) If the Department determines at any time that the likely benefits resulting from a cooperative agreement do not outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the Department shall notify the applicant(s) that the agreement is invalid and has no further force or effect.Tenn. Comp. R. & Regs. 0940-03-10-.05
Original rule filed June 29, 2004; effective September 12, 2004.Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-302(a)(3), 33-1-304, 33-1-305(1), 33-1-309, 33-2-101, and 33-2-701, et seq.