FOR THE DISTRICT OF COLUMBIA
It is stipulated by and between the undersigned parties, by their respective attorneys, that:
1. The Court has jurisdiction over the subject matter of this action and over each of the parties thereto, and venue of this action is proper in the District of Columbia;
2. The parties consent that a Final Judgment in the form hereto attached may be filed and entered by the Court, upon the motion of any party or upon the Court's own motion, at any time after compliance with the requirements of the Antitrust Procedures and Penalties Act (15 U.S.C. § 16), and without further notice to any party or other proceedings, provided that plaintiff has not withdrawn consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on defendant and by filing that notice with the Court;
3. Defendant shall abide by and comply with the provisions of the Final Judgment pending entry of the Final Judgment;
4. This Stipulation and the Final Judgment to which it relates are for settlement purposes only and do not constitute an admission by defendant in this or any other proceeding that Section 1 of the Sherman Act, 15 U.S.C. § 1, or any other provision of law has been violated;
5. In the event plaintiff withdraws its consent or if the proposed Final Judgment is not entered pursuant to this Stipulation, this Stipulation shall be of no effect whatever, and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.
IN THE UNITED STATES DISTRICT COURT
Plaintiff, United States of America, filed its complaint on October 25, 1994. Plaintiff and defendant, by their respective attorneys, have consented to the entry of the Final Judgment without trial or adjudication of any issue of fact or law. This Final Judgment shall not be evidence against or an admission by any party with respect to any issue of fact or law. Therefore, before the taking of any testimony and without trial or adjudication of any issue of fact or law herein, and upon consent of the parties, it is hereby
ORDERED, ADJUDGED, AND DECREED, as follows:
This Court has jurisdiction over the subject matter of and parties to this action. The complaint states a claim upon which relief may be granted against defendant under Section 1 of the Sherman Act, 15 U.S.C. § 1.
The provisions of this Final Judgment shall apply to defendant, to the officers, directors, agents, employees, successors, and assigns of defendant, and to all other persons in active concert or participation with any of them who receive actual notice of this Final Judgment by personal service or otherwise.
Defendant is enjoined from:
(A) Nothing in this Final Judgment shall prohibit any individual travel agent or travel agency, acting alone and not on behalf of defendant, from negotiating commission rates and policies with suppliers of travel services, or from choosing the suppliers whose services they wish to sell.
(B) Nothing in this Final Judgment shall prohibit defendant from advocating or discussing, in accordance with the doctrine established in Eastern Railroad Presidents Conference v. Noerr Motor Freight. Inc.. 365 U.S. 127 (1961), and its progeny, legislative, judicial or regulatory actions, or governmental policies or actions.
Defendant is ordered:
Defendant is ordered to maintain an antitrust compliance program which shall include an annual briefing of the defendant's Board of Directors, officers, chapter presidents, and non-clerical employees on this Final Judgment and the antitrust laws.
(A) To determine or secure compliance with this Final Judgment and for no other purpose, duly authorized representatives of the plaintiff shall, upon written request of the Assistant Attorney General in charge of the Antitrust Division, and on reasonable notice to defendant made to its principal office, be permitted, subject to any legally recognized privilege:
(B) Upon the written request of the Assistant Attorney General in charge of the Antitrust Division made to defendant's principal office, defendant shall submit such written reports, under oath if requested, relating to any matters contained in this Final Judgment as may be reasonably requested, subject to any legally recognized privilege.
(C) No information or documents obtained by the means provided in Section VII shall be divulged by the plaintiff to any person other than a duly authorized representative of the Executive Branch of the United States, except in the course of legal proceedings to which the United States is a party, or for the purpose of securing compliance with this Final Judgment, or as otherwise required by law.
(D) If at the time information or documents are furnished by defendant to plaintiff, defendant represents and identifies in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26(c)(7) of the Federal Rules of Civil Procedure, and defendant marks each pertinent page of such material, "Subject to claim of protection under Rule 26(c)(7) of the Federal Rules of Civil Procedure," then 10 days notice shall be given by plaintiff to defendant prior to divulging such material in any legal proceeding (other than a grand jury proceeding) to which defendant is not a party.
This Final Judgment shall expire ten (10) years from the date of entry.
Jurisdiction is retained by this Court for the purpose of enabling any of the parties to this Final Judgment to apply to this Court at any time for further orders and directions as may be necessary or appropriate to carry out or construe this Final Judgment, to modify or terminate any of its provisions, to enforce compliance, and to punish violations of its provisions.
Entry of this Final Judgment is in the public interest.