| UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
UNITED STATES OF AMERICA,
LISTING SERVICE, INC.,
| Case No. 3:08-CV-01786-SB
CERTIFICATE OF COMPLIANCE WITH PROVISIONS
OF THE ANTITRUST PROCEDURES AND PENALTIES ACT
Plaintiff United States of America, by the undersigned attorneys, hereby certifies that, in compliance with the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) ("APPA" or "Tunney Act"), the following procedures have been followed in preparation for the entry of the Final Judgment herein:
- The United States and defendant Consolidated Multiple Listing Service, Inc. ("CMLS") stipulated to the entry of the proposed Final Judgment on April 28, 2009, and that Stipulation, along with the proposed Final Judgment, was filed with the Court on May 4, 2009 (Docket # 60).
- Pursuant to 15 U.S.C. § 16(b), the United States filed a Competitive Impact Statement with the Court on May 8, 2009 (Docket # 63).
- Pursuant to 15 U.S.C. § 16(b), the Stipulation, proposed Final Judgment, and Competitive Impact Statement were published in the Federal Register on May 15, 2009. See 74 Fed. Reg. 22965 (2009).
- Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the proposed Final Judgment was published in the Washington Post, a newspaper of general circulation in the District of Columbia, for seven days from June 7, 2009, to June 13, 2009, and in The State, a newspaper of general circulation in Columbia, South Carolina, for seven days from May 23, 2009, to May 29, 2009. A copy of the certificate of publication from the Washington Post is attached hereto as Exhibit 1 and a copy of the certificate of publication from The State is attached hereto as Exhibit 2.
- Pursuant to 15 U.S.C. § 16(b), copies of the Stipulation, proposed Final Judgment, and Competitive Impact Statement were furnished to all persons requesting them and made available on the Antitrust Division's Internet site.
- Pursuant to 15 U.S.C. § 16(g), on May 14, 2009, CMLS filed with the Court its disclosure statement concerning 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 (Docket # 64).
- The sixty-day comment period for this matter prescribed by 15 U.S.C. § 16(b) and (d) for the receipt and consideration of written comments, during which the proposed Final Judgment could not be entered, ended on August 13, 2009.
- The United States received no comments from the public on the proposed Final Judgment.
- The parties in this action have now satisfied all the requirements of the APPA, 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 15 U.S.C. § 16(e) and to enter the proposed Final Judgment.
THE UNITED STATES OF AMERICA
| ____/s/____Jennifer J. Aldrich_______
WILLIAM WALTER WILKINS, III
United States Attorney
District of South Carolina
JENNIFER J. ALDRICH (#6035)
Assistant United States Attorney
1441 Main Street, Suite 500
Columbia, SC 29201
Telephone: (803) 343-3176
|DAVID C. KULLY
ETHAN C. GLASS
United States Department of Justice
Antitrust Division, Litigation III Section
450 5th Street, N.W., Suite 4000
Washington, DC 20530
Telephone: (202) 305-9969
Dated: August 17, 2009
CERTIFICATE OF SERVICE
I, Jennifer J. Aldrich, certify that on this 17th day of August, 2009, I caused a copy of the CERTIFICATE OF COMPLIANCE WITH PROVISIONS OF THE ANTITRUST PROCEDURES AND PENALTIES ACT to be served on the person listed below by ECF.
Edward M. Woodward, Jr.
Woodward, Cothran & Herndon
P.O. Box 12399
Columbia, SC 29211
Counsel for Defendant Consolidated Multiple Listing Service, Inc.
|| _____/s/___Jennifer J. Aldrich __
Jennifer J. Aldrich