This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,          

                           Plaintiff,

                  v.

COMPUTER ASSOCIATES
INTERNATIONAL, INC. and
PLATINUM TECHNOLOGY
INTERNATIONAL, INC.,


                           Defendants.


|
|
|
|
|
|
|
|
|
|
|
|
|
|
|         

Civil No.01-02062 (GK)

Entered: November 20, 2002

STAMP:

FILED

NOV 21 2002

NANCY MAYER WHITTINGTON, CLERK
U.S. DISTRICT COURT

STIPULATION AND ORDER

It is hereby stipulated by and between the undersigned parties, through their respective counsel, as follows:

1. The Court has jurisdiction over the subject matter of plaintiff's Complaint alleging defendants Computer Associates International, Inc. ("CA") and Platinum technology International, inc. ("Platinum") violated Section 1 of the Sherman Act (15 U.S.C. § 1) and Section 7A of the Clayton Act (15 U.S.C. § 18(a)), and over each of the parties hereto, and venue of this action is proper in the United States District Court for the District of Columbia. The defendants authorize Richard L. Rosen, Esq. of Arnold & Porter to accept service of all process in this matter on their behalf.

2. The parties stipulate 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 Procedure and Penalties Act (15 U.S.C. § 16), and without further notice to any party or other proceedings, provided that Plaintiff has not withdrawn its consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on defendants and by filing that notice with the Court.

3. CA shall abide by and comply with the provisions of the proposed Final Judgment pending entry of the Final Judgment by the Court, or until expiration of time for all appeals of any Court ruling declining entry of the proposed Final Judgment, and shall, from the date of the signing of this Stipulation by the parties, comply with all the terms and provisions of the proposed Final Judgment as though they were in full force and effect as an order of the Court.

4. This Stipulation shall apply with equal force and effect to any amended proposed Final Judgment agreed upon in writing by the parties and submitted to the Court.

5. In the event that Plaintiff withdraws its consent, as provided in paragraph 2 above, or in the event that the proposed Final Judgment is not entered pursuant to this Stipulation, the time has expired for all appeals of any Court ruling declining entry of the proposed Final Judgment, and the Court has not otherwise ordered continued compliance with the terms and provisions of the proposed Final Judgment, then the parties are released from all further obligations under this Stipulation, and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.

6. The parties' execution of this Stipulation and entry of the Final Judgment settles, discharges, and releases any and all claims of the plaintiff for civil penalties against:

  1. Defendant CA, its directors, officers, employees, and agents, for failure to comply with the waiting period requirements of § 7A of the Clayton Act, 15 U.S.C. § 18(a), arising from the acquisition of Platinum by CA; and

  2. Defendant Platinum, its directors, officers, employees and agents, for failure to comply with the waiting period requirements of § 7A of the Clayton Act, 15 U.S.C. § 18(a), arising from the acquisition of Platinum by CA.


Respectfully submitted,

FOR PLAINTIFF
UNITED STATES OF AMERICA





____________/s/____________
James J. Tierney (D.C. Bar No. 434610)
U.S. Department of Justice
Antitrust Division
Networks & Technology Section
600 E Street, N.W.
Suite 9500
Washington, D.C. 20530
Tel: (202) 307-0797
Fax: (202) 616-8544
FOR DEFENDANTS
COMPUTER ASSOCIATES
INTERNATIONAL, INC. AND
PLATINUM TECHNOLOGY
INTERNATIONAL, INC.


____________/s/____________
Richard L. Rosen (D.C. Bar No. 307231)
Arnold & Porter
555 Twelfth Street, N.W.
Washington, D.C. 20004-1206
Tel: (202) 942-5499
Fax: (202) 942-5999

Dated: April 22, 2002



ORDER

The Court having considered the parties' Joint Motion for Entry of Stipulation and Order, and upon consent of the parties,

IT IS HEREBY ORDERED that defendants shall abide by and comply with all terms and provisions of the proposed Final Judgment pending compliance with the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16.

Dated: Nov. 20, 2002


 

__________________/s/_____________________
UNITED STATES DISTRICT COURT JUDGE



Parties Entitled to Notice of Entry of Order


Counsel for the United States

Renata B. Hesse, Esq.
James J. Tierney, Esq.
U.S. Department of Justice
Antitrust Division
Networks and Technology Section
600 E. Street, N.W.
Suite 9500
Washington, D.C. 20530
Tel: 202/307-0797
Fax: 202/616-8544


Counsel for Computer Associates International, Inc. and
Platinum technology International, inc.

Richard L. Rosen, Esq.
Arnold & Porter
555 Twelfth Street, N.W.
Washington, D.C. 20004-1206
Tel: 202/942-5499
Fax: 202/942-5999