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

Date: 
Tuesday, October 21, 2008
Document Type: 
Certificates of Compliance with APPA
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

SIGNATURE FLIGHT SUPPORT
CORPORATION, and

HAWKER BEECHCRAFT SERVICES,   
INC.,

                  Defendants.


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Civil Action No.: 1:08-cv-01164

Judge: Hon. Richard W. Roberts

Date Filed: October 21, 2008

CERTIFICATE OF COMPLIANCE WITH PROVISIONS
OF THE ANTITRUST PROCEDURES AND PENALTIES ACT

Plaintiff, United States of America, by the undersigned attorney, 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 final judgment in the above captioned matter herein:

1. Plaintiff and defendants have stipulated to the entry of the proposed Final Judgment in a Hold Separate Stipulation and Order ("HSSO") filed with the Court on July 3, 2008.

2. The proposed Final Judgment was filed with the Court on July 3, 2008.

3. The Competitive Impact Statement was filed with the Court on July 3, 2008.

4. The proposed Final Judgment and Competitive Impact Statement were published in the Federal Register on July 17, 2008. United States v. Signature Flight Support Services, Inc., et al, 71 Fed. Reg. 41118.

5. A summary 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 July 24, 2008 and ending on July 30, 2008.

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

7. On July 14, 2008, defendant Hawker Beechcraft Services, Inc., and on July 18, 2008, defendant Signature Flight Support Services, Inc., 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).

8. 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 time the proposed Final Judgment could not be entered, ended on September 28, 2008.

9. The United States did not receive any comments on the proposed Final Judgment.

10. The parties have 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: October 21, 2008

    Respectfully submitted,
_______________/s/________________
Michelle Livingston
D.C. Bar No. 461268
Antitrust Division, U.S. Dep't. of Justice
450 5th Street NW, Suite 4100
Washington, D.C. 20530

CERTIFICATE OF SERVICE

I hereby certify that on October 21, 2008, I caused a copy of the foregoing Motion for Entry of Final Judgment and Certificate of Compliance with Provisions of the Antitrust Procedures and Penalties Act to be served on the defendants in this matter in the manner set forth below:

By electronic mail

For Defendant Signature Flight Support Corporation
Gordon L. Lang, Esq.
Nixon Peabody LLP
401 9th St. N.W., Suite 900
Washington, D.C. 20004
Telephone: 202/585-8319
Facsimile: 202/585-8080
Email: glang@nixonpeabody.com

For Defendant Hawker Beechcraft Services, Inc.
Richard Park, Esq.
Fried, Frank, Harris, Shriver & Jacobson LLP
1001 Pennsylvania Avenue, NW
Washington, DC 20004
Telephone: 202/639-7064
Facsimile: 202/639-7003
Email: richard.park@friedfrank.com

Peter Guryan, Esq.
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
New York, NY 10004-1980
Telephone: 212/859-8477
Facsimile: 212/859-4000
Email: peter.guryan@friedfrank.com

_______________/s/________________
Angela L. Hughes (DC Bar #303420)
U.S. Dep't. of Justice, Antitrust Div.
450 Fifth Street, NW, Suite 4100 Washington, DC 20530
Telephone: (202) 307-6410
Facsimile: (202) 307-2784
Email: angela.hughes@usdoj.gov

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