IN THE UNITED STATES DISTRICT COURT
Plaintiff, United States of America, filed its Complaint on September 29, 1995. Plaintiff and Defendant, by their respective attorneys, have consented to the entry of this 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. Nothing in this Final Judgment shall constitute an admission by Defendant of any violation of law, liability or wrongdoing. 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 of the subject matter of this action and of each of the parties consenting hereto. The Complaint states a claim upon which relief may be granted against the defendant under Section 1 of the Sherman Act, 15 U.S.C. § 1.
As used herein, the term:
(A) "BTL" Agreement" means the Bus Terminal License Agreement between Greyhound Lines, Inc., as owner, leaseholder or operator of a bus terminal, and a tenant carrier.
(B) "Defendant" means Greyhound Lines, Inc., each of its predecessors, successors, divisions, subsidiaries, and affiliates, each other person directly or indirectly, wholly or in part, owned or controlled by it, and each partnership or joint venture to which any of them is a party, and all present and former employees, directors, officers, agents, consultants or other persons acting for or on behalf of any of them.
(C) "Tenant carrier" means any bus company that is a tenant at a bus terminal owned, leased or operated by Defendant.
(D) "Twenty-five (25) Mile Rule" means that provision in Greyhound's BTL Agreements that reads substantially as follows:
Subject to Section 1, Licensee agrees that during the term hereof, it will use the Terminal as its major terminal in the City of [Name of City] for the aforesaid operations and will not without the prior written consent of the Company allow or permit any tickets or busbills to be sold at any other place within a twenty-five (25) mile radius of the Terminal, other than the Terminal, or honor the tickets or busbills of any other carrier for such transportation which are sold within the said twenty-five (25) mile radius. Notwithstanding the foregoing, tickets or busbills of Licensee may continue to be sold, and Licensee may honor the tickets or busbills of other carriers which are sold, at any place within the said twenty-five (25) mile radius where they are being sold as of the date of this Agreement. A list of such places where tickets or busbills of Licensee are sold within the twenty-five (25) mile radius of the Terminal is appended to this Agreement as Appendix 3. If Licensee wishes to change any such place of sale of its tickets or busbills to another place within five (5) miles of such place and within the said twenty-five (25) mile radius of the Terminal, Licensee may make such change upon thirty (30) days written notice to Company. It is further understood that in all of Licensee's bus schedules and advertising pertaining to its aforesaid operations, the terminal shall appear as the only place in the City of ______________ where tickets or busbills are on sale.
(A) This Final Judgment applies to the defendant and to each of its subsidiaries, successors, assigns, officers, directors, employees, and agents, and to all other persons in active concert of participation with any of them who receive actual notice of this Final Judgment by personal service or otherwise.
(B) Nothing contained herein shall suggest that any portion of this Final Judgment is or has been created for the benefit of any third party and nothing herein shall be construed to provide any rights to any third party.
(A) Defendant is ordered, within 60 days from the date of entry of this Final Judgment, to remove from each of its BTL Agreements the Twenty-five (25) Mile Rule. Defendant may comply with this provision by amending its existing BTL agreements to remove the Twenty-five (25) Mile Rule or by terminating such Agreements and negotiating new agreements not containing the Twenty-five Mile Rule.
(B) Defendant is restrained and enjoined from:
(C) Nothing in this Final Judgment shall:
Defendant is ordered to send, within 60 days from the date of entry of this Final Judgment, a copy of this Final Judgment to each tenant carrier subject to a BTL Agreement, together with a written statement that the Twenty-five (25) Mile Rule is no longer in effect and will not be enforced.
Defendant is ordered to maintain an antitrust compliance program which shall include the following:
(A) Designating within 30 days of entry of this Final Judgment, an Antitrust Compliance Officer with responsibility for accomplishing the antitrust compliance program and with the purpose of achieving compliance with this Final Judgment. The Antitrust Compliance Officer shall, on a continuing basis, supervise the review of the current and proposed activities of defendant to ensure that it complies with this Final Judgment.
(B) The Antitrust Compliance Officer shall be responsible for accomplishing the following activities:
(A) Within 75 days after the entry of this Final Judgment, the defendant shall certify to the plaintiff that it has complied with IV, (A) above, designated an Antitrust Compliance Officer, and distributed the Final Judgment in accordance with Sections V and VI above.
(B) For each year of the term of this Final Judgment, the defendant shall file with the plaintiff, on or before the anniversary date of entry of this Final Judgment, a statement as to the fact and manner of its compliance with the provisions of V and VI above.
(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 the 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 the defendant's principal office, the defendant shall submit such written reports, under oath if requested, subject to any legally recognized privilege.
(C) No information or documents obtained by the means provided in Section VIII 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 the defendant to plaintiff, the 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 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.
FURTHER ELEMENTS OF THE FINAL JUDGMENT
(A) This Final Judgment shall expire ten years from the date of entry.
(B) Jurisdiction is retained by this Court for the purpose of enabling the parties to this Final Judgment to apply to this Court at any time for further orders and directions as may be necessary 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.
(C) Entry of
this Final Judgment is in the public interest.