United States' Explanation of Consent Decree Procedures

Date: 
Tuesday, August 31, 2004
Document Type: 
Motions and Memoranda - Miscellaneous
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,    
Department of Justice
Antitrust Division
325 7th Avenue, NW
Suite 500
Washington, DC 20530,

                  Plaintiff,

                  v.

CONNORS BROS. INCOME FUND,
669 Main Street
Blacks Harbour, New Brunswick, Canada     
E5h 1K1

and

BUMBLE BEE SEAFOODS, LLC,
9655 Granite Ridge Drive
San Diego, CA 92123-2674

                  Defendants.


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Civil Action No. 1:04CV01494

Filed: August 31, 2004

Judge: John D. Bates

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. This 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 has filed a Complaint, proposed Final Judgment, and Hold Separate Stipulation and Order between the parties by which they have agreed that the Court may enter the proposed Final Judgment following the United States' compliance with the APPA. The United States will shortly file a Competitive Impact Statement relating to the proposed Final Judgment.

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

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

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

5. If the United States requests that the Court enter the proposed Final Judgment after compliance with the APPA, 15 U.S.C. §§ 16(e)-(f), then the Court may enter the Judgment without a hearing, provided that it concludes that the Final Judgment is in the public interest.

Dated: August 31, 2004

   Respectfully submitted,

FOR PLAINTIFF UNITED STATES OF
AMERICA:

_______________/s/________________
Michelle Livingston
D.C. Bar #461268
Department of Justice
Antitrust Division
325 Seventh Street, N.W.
Suite 500
Washington, DC 20530
(202)353-7328
(202) 307-2784 (Fax)

Attachments: 
Updated June 30, 2015