UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
DNH INTERNATIONAL SARL,
DYNO NOBEL, INC.,
EL PASO CORPORATION, and
COASTAL CHEM, INC.,
| Case No. 1 : 03CV02486
JUDGE: Gladys Kessler
DECK TYPE: ANTITRUST
DATE STAMP: 12/02/2003
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. The Final
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.
- Today, the United States has filed a Complaint, a proposed Final
Judgment, and a 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 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 sixty (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.
See 15 U.S.C. §§ 16(b)-(c).
- During the sixty (60) 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.
- After the expiration of the sixty-day period, the United States
will file with the Court the comments and the United States' responses,
see 15 U.S.C. § 16(d), 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
Section IV.A. of the Hold Separate Stipulation and Order).
- 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 Final Judgment without a hearing,
provided that it concludes that the Final Judgment is in the public
Dated: December 2, 2003
|| Respectfully submitted,
Michael K. Hammaker
DC Bar No. 233684
U.S. Department of Justice
1401 H Street, NW, Suite 3000
Washington, DC 20530