United States' Explanation of Consent Decree Procedures

UNITED STATES' EXPLANATION OF CONSENT DECREE PROCEDURES

The United States submits this short memorandum summarizing the procedures regarding the Court's entry of the proposed Final Judgment. The Judgment would settle this case pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. §§ 16(b)-(h) (the "APPA"), which applies to civil antitrust cases brought and settled by the United States.

1. Today, the United States and the State of Texas have filed a proposed Final Judgment and a Stipulation between the parties by which they have agreed to the Court's entry of the proposed Final Judgment following compliance with the APPA.

2. The United States has also filed a Competitive Impact Statement relating to the proposed Judgment [15 U.S.C. § 16 (b)].

3. The APPA requires that the United States publish the proposed Final Judgment, Stipulation and Competitive Impact Statement in the Federal Register and in certain newspapers at least 60 days prior to entry of the Final Judgment. The notice will inform members of the public that they may submit comments about the Final Judgment to the United States Department of Justice, Antitrust Division [15 U.S.C. §§ 16(b)-(c)].

4. During the sixty-day period, the United States will consider, and at the close of that period respond to, any comments received, and it will publish the comments and responses in the Federal Register.

5. After the expiration of the sixty-day period, the United States will file with the Court the comments, the United States' responses, and a Motion For Entry of the Final Judgment (unless the United States has decided to withdraw its consent to entry of the Final Judgment, as permitted by Paragraph 2 of the Stipulation) [see 15 U.S.C. § 16(d)].

6. At that time, pursuant to the APPA, 15 U.S.C. §§ 16(e)-(f), the Court may enter the Final Judgment without a hearing, if it finds that the Final Judgment is in the public interest.

Dated: December 12, 1995.