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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

GENERAL ELECTRIC COMPANY   

                  and

INSTRUMENTARIUM OYJ

                  Defendant.


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Civil Action No.: 1:03CV01923

Filed: September 16, 2003



STIPULATED MOTION OF THE PARTIES TO PLACE EXHIBIT 1 TO PLAINTIFF'S
PROPOSED FINAL JUDGMENT AND EXHIBIT A (PART 2) TO THE PARTIES'
HOLD SEPARATE STIPULATION AND ORDER UNDER SEAL

By this stipulated Motion, plaintiff and defendants move this Court pursuant to Local Court Rule 5.1(j) and Fed. R. Civ. P. 26(c) for an Order permitting the United States to file under seal Exhibit 1 to the plaintiff's proposed Final Judgment, which is also attached as Exhibit A (Part 2) to the parties' Hold Separate Stipulation and Order.

Exhibit 1 to the plaintiff's proposed Final Judgment is the entire text of Schedule 1, including Annexes 1-4, of the Commitments entered into by defendants with the European Commission regarding the divestiture of Spacelabs, which were approved by the European Commission on September 2, 2003. Exhibit 2 of the plaintiff's proposed Final Judgment, which is also attached as Exhibit A (Part 3) to the parties' Hold Separate Stipulation and Order, provides a nonconfidential version of Schedule 1.

Exhibit 1 provides a detailed description of the Spacelabs business, which defendants are ordered by the proposed Final Judgment to divest. Exhibit 1 includes highly confidential information such as customer lists and supply agreements. Revealing these details about the Spacelabs business is not necessary for public comment on the Final Judgment, nor for the Court's assessment as to whether the proposed Final Judgment is in the public interest pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16. Exhibit 2 of the proposed Final Judgment, which provides a nonconfidential version of Schedule 1, is not filed under seal. Therefore, the parties move for an Order in the form attached hereto permitting Exhibit 1 to the proposed Final Judgment, also attached as Exhibit A (Part 2) of the Hold Separate Stipulation and Order, to be filed and maintained under seal.

    Respectfully submitted,


FOR PLAINTIFF UNITED STATES
OF AMERICA:

_______________/s/________________
Joan Hogan, D.C. Bar No. 451240
Michael Dashefskey, D.C. Bar No. 477868
Matthew Bester, DC Bar No. 465374
Jill Beaird
Gregg Malawer, DC Bar No. 481685
Leigh Lani Brown
Attorneys
U.S. Department of Justice
Antitrust Division
Litigation III Section
325 Seventh Street, N.W., Suite 300
Washington, D.C. 20530
Tel: (202) 616-5937
Fax: (202) 307-9952

Dated: September 16, 2003.

FOR DEFENDANT GENERAL
ELECTRIC COMPANY:



_______________/s/________________
Deborah L. Feinstein
Arnold & Porter
555 Twelfth Street, NW
Washington, D.C 20004
Tel: (202) 942-5015
Fax: (202) 942-5999

FOR DEFENDANT
INSTRUMENTARIUM OYJ:

_______________/s/________________
Wayne Dale Collins
Shearman & Sterling LLP
599 Lexington Avenue
New York, NY 10022
Tel: (202) 848-4000
Fax: (212) 849-7179


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

GENERAL ELECTRIC COMPANY   

                  and

INSTRUMENTARIUM OYJ

                  Defendant.


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Civil Action No.:

Filed:

ORDER TO PLACE EXHIBIT 1 TO THE FINAL JUDGMENT AND EXHIBIT A (PART 2) TO THE HOLD SEPARATE STIPULATION AND ORDER UNDER SEAL

Good cause having been shown and pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and Local Rule 106(j), the Court ORDERS as follows:

The documents filed as Exhibit 1 to the proposed Final Judgment, also attached as Exhibit A (Part 2) to the Hold Separate Stipulation and Order, in this matter shall be placed under seal by the Clerk of the Court, and shall not be made part of the public record for any purposes.

It is SO ORDERED this ___ day of September 2003.

______________________
United States District Judge