The Honorable Charles R. Richey
Dear Judge Richey:
The Court has requested that the United States provide proposed findings in support of the Court's determination that the entry of the proposed Final Judgment in the above-captioned case is in the public interest. While the United States has complied with the Court's request, it believes the record in this case is more than adequate for the Court to make its public interest determination pursuant to the Antitrust Procedures and Penalties Act ("APPA"). See 15 U.S.C. §16(f).
The Court may properly make its public interest determination solely on the basis of the Competitive Impact Statement and Responses to Comments filed pursuant to the APPA.
United States v. Mid-American Dairymen, Inc., 1977-1 Trade Cas. ¶61,508, at 71,980 (W.D. Mo. 1977). Moreover, precedent requires that, in making the public interest determination:
United States v. Bechtel, 648 F.2d at 666 (citations omitted)(emphasis added); see United States v. BNS, Inc., 858 Supp. 1127, 1143 (C.D. Cal. 1978); United States v. Gillette Co., 406 F. Supp. at 716. See also United States v. American Cyanamid Co., 719 F.2d at 565. The D.C. Circuit has adopted this standard in U.S. v. Western Electric Co., 900 F.2d 283 (D.C. Cir. 1990).
For these reasons, we believe the Government's Competitive Impact
Statement, filed on December 2, 1994, and it Comments on the Proposed
Final Judgment and the United States' Responses to the Comments, filed
on March 2, 1995, provide an adequate basis for the Court to make its
public interest determination.