FOR THE DISTRICT OF COLUMBIA
THE ANTITRUST PROCEDURES AND PENALTIES ACT
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)-(h) ("APPA"), and states:
1. The Complaint, proposed Final Judgment ("PFJ"), and Hold Separate Stipulation and Order ("Hold Separate Order"), by which the parties have agreed to the Court's entry of the Final Judgment following compliance with the APPA, were filed on April 29, 2008. The United States filed it Competitive Impact Statement on April 30, 2008;
2. Pursuant to 15 U.S.C. § 16(b), the PFJ, Hold Separate Order, and Competitive Impact Statement were published in the Federal Register on May 15, 2008, Volume 73, Number 95, beginning on page 28154 (a copy of which is attached as Exhibit 1);
3. Pursuant to 15 U.S.C. §16(b), the United States furnished copies of the Complaint, Hold Separate Order, PFJ, and Competitive Impact Statement to anyone requesting them;
4. Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the PFJ, Hold Separate Stipulation and Order, and Competitive Impact Statement was published in The Washington Post, a newspaper of general circulation in the District of Columbia, during a seven-day period of May 23 through May 29, 2008 (a copy of the Proof of Publication from The Washington Post is attached hereto as Exhibit 2);
5. As required by 15 U.S.C. § 16(g), defendant 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 PFJ, on May 5, 2008;
6. The 60-day comment period specified in 15 U.S.C. § 16(b) commenced on May 29, 2008 and terminated on July 28, 2008. During that period, the United States received two comments on the PFJ. The United States evaluated and responded to each comment and filed with the Court the comments and responses on September 24, 2008. Pursuant to 15 U.S.C. §§ 16(b) and (d), the United States published the comments and its responses in the Federal Register on October 21, 2008, Volume 73, Number 204, beginning on page 62543 (a copy of which is attached as Exhibit 3);
7. The public comments did not persuade the United States to withdraw its consent to entry of the PFJ. With the United States having published its proposed settlement, filed and published its responses to public comments, and the defendants having certified their presettlement contacts with government officials, the parties have fulfilled their obligations under the APPA. Pursuant to the Stipulation and Order filed on April 29, 2008, and entered by this Court on May 2, 2008, and 15 U.S.C. § 16(e), the Court may now enter the Final Judgment, if the Court determines that the entry of the Final Judgment is in the public interest; and
8. Plaintiff requests that this Court enter the Final Judgment without further hearings and is authorized by counsel for defendants to state that defendants join in this request.
Dated: October 23, 2008.
CERTIFICATE OF SERVICE
I, Gregg I. Malawer, hereby certify that on October 23, 2008, I caused copies of the foregoing Certificate of Compliance with the Antitrust Procedures and Penalties Act to be served in this matter in the manner set forth below:
Counsel of Record for Defendants