Certificate of Compliance with Provisions of the Antitrust Procedures and Penalties Act

Date: 
Tuesday, April 15, 2008
Document Type: 
Certificates of Compliance with APPA
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

MONSANTO COMPANY and
DELTA AND PINE LAND COMPANY,   

                  Defendants.


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Civil Action No.: 1:07-cv-00992
Hon. Ricardo M. Urbina

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), the following procedures have been followed in preparation for the entry of the Final Judgment in the above-captioned matter:

1. Plaintiff and defendants have stipulated to the entry of the proposed Final Judgment in a stipulation filed with the Court on May 31, 2007 (the "Hold Separate and Preservation of Assets Stipulation and Order" or "HSSO").

2. The Complaint, Competitive Impact Statement ("CIS"), proposed Final Judgment and HSSO were filed with the Court on May 31, 2007.

3. The proposed Final Judgment and CIS were published in the Federal Register on June 15, 2007. See United States v. Monsanto Co. and Delta and Pine Land Co., 72 Fed. Reg. 33336-01, 2007 WL 1708314.

4. 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 beginning on June 28, 2007 and ending on July 4, 2007. (See Attachment.)

5. Copies of the proposed Final Judgment, Competitive Impact Statement and HSSO were furnished to all persons requesting them and made available on the Antitrust Division's Internet site.

6. The defendants have filed with the Court a description of written or oral communications by or on behalf of the defendants, 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). Defendants filed their descriptions on June 11, 2007.

7. The sixty-day comment period 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 27, 2007.

8. The United States received eleven comments on the proposed Final Judgment. The United States filed those comments and its Response to Public Comments with the Court on March 4, 2008, and published the Response and the comments in the Federal Register on April 4, 2007. United States v. Monsanto Co. and Delta and Pine Land Co., 73 Fed. Reg. 18612-01, 2008 WL 892671.

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 15 U.S.C. § 16(e) and to enter the proposed Final Judgment.

Dated: April 15, 2008 Respectfully submitted,
    _______________/s/________________
Jill A. Ptacek (WA Bar #18756)
Trial Attorney
U.S. Department of Justice
Antitrust Division
Transportation, Energy &
    Agriculture Section
325 7th Street, NW, Suite 500
Washington, DC 20004
Telephone: (202) 307-6607
Facsimile: (202) 307-2784

Attachments: 
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Updated June 30, 2015