Certificate of Compliance

Date: 
Wednesday, May 21, 2008
Document Type: 
Certificates of Compliance with APPA
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

MULTIPLE LISTING SERVICE OF  
HILTON HEAD ISLAND, INC.,

                  Defendant.


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Civil Action No. 9:07-CV-3435-SB

Filed: 05/21/2008

CERTIFICATE OF COMPLIANCE

Plaintiff, the United States of America, hereby certifies that it has complied with the provisions of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(d) and states:

  1. The Complaint and Competitive Impact Statement were filed on October 17, 2007 with this Court.
  2. The Proposed Final Judgment was filed on October 18, 2007.
  3. Pursuant to 15 U.S.C. § 16(b), the Proposed Final Judgment and Competitive Impact Statement were published on November 27, 2007 in the Federal Register, 72 Fed. Reg. 66188 (a copy of the Federal Register Notice is attached as Exhibit A);
  4. Pursuant to 15 U.S.C. § 16(c) a summary of the terms of the Proposed Final Judgment and Competitive Impact Statement were published in:
    1. The Washington Post, a newspaper of general circulation in the District of Columbia, during the period of November 18 through 24, 2007.
    2. The Island Packet , a newspaper of general circulation on Hilton Head Island, South Carolina, during the period of November 28 through December 4, 2007.

      (Copies of the Proof of Publications from The Washington Post and The Island Packet are attached Exhibits B and C respectively.);

  5. Copies of the Proposed Final Judgment and Competitive Impact Statement were furnished to all persons requesting them and made available on the Antitrust Division's Internet Site;
  6. The 60-day comment period specified in 15 U.S.C. § 16(b) commenced on December 5, 2007 and terminated on February 2, 2008;
  7. The United States received one written comment on the Proposed Final Judgment. The United Sates filed that comment and its Response to Public Comment with the Court on April 9, 2008, and published the Response and the comment in the Federal Register on May 14, 2008, 73 FR 27847 (2008).
  8. The defendant has filed with the Court a description of written or oral communications by or on behalf of the defendant, or any other person, with any officer or employee of the United States concerning the proposed Final Judgment, as required by 15 U.S.C. § 16(g). Defendant filed its description on February 22, 2008.
  9. The parties have now satisfied all the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), as a condition for entering the proposed Final Judgment, and it is now appropriate for the Court to make the necessary public interest determination required by 15U.S.C. § 16(e) and to enter the proposed Final Judgment
  10. Plaintiff's Competitive Impact Statement demonstrates that the Proposed Final Judgment satisfies the public interest standard of 15 U.S.C. § 16(e); and
  11. Plaintiff requests that this Court enter the Final Judgment without further hearings and is authorized by counsel for Defendant to state that Defendant joins in this request.

Dated: May 21, 2008

    Respectfully submitted,

FOR PLAINTIFF UNITED STATES OF AMERICA:

Kevin F. McDonald
Acting United States Attorney

BY: __/s/_Barbara Bowens_____
Barbara M. Bowens (I.D. 4004)
Assistant United States Attorney
1441 Main Street, Suite 500
Columbia, South Carolina 29201
__/s/_Lisa Scanlon_______
Lisa Scanlon
Attorney, Antitrust Division
325 7th St. NW, Suite 300
Washington, DC 20530
(202)616-5054

CERTIFICATE OF SERVICE

I hereby certify that on May 21, 2008, I caused a copy of the foregoing Certificate of Compliance to be served electronically on counsel for Defendant in this matter.

    BY: __/s/_Lisa Scanlon_______
Lisa Scanlon

Jane W. Trinkley
McNair Law Firm, P.A.
P.O. Box 11390
Columbia, SC 29211

Counsel for Defendant

Attachments: 
Updated June 30, 2015