DISTRICT OF WYOMING
Plaintiff, United States of America, filed its Complaint on , 1994. Plaintiff and defendants, 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. 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 defendants under Section 1 of the Sherman Act, 15 U.S.C. § 1.
As used herein, the term:
(A) "automobile body repair services" means work performed by automobile body repair shops applying new or used parts and labor to the damaged bodies and frames of automobiles and trucks for the purpose of repairing them;
(B) "automobile body repair shop" means any person engaged in the performance and sale of automobile body repair services;
(C) "hourly rate" means the dollar charge per hour in connection with time spent on automobile body repair services; and
(D) "person" means any individual, partnership, corporation, association, firm, or any other business or legal entity.
(A) This Final Judgment applies to the defendants and to each of their successors, assigns, and to all other persons in active concert or participation with any of them who shall have received actual notice of the Final Judgment by personal service or otherwise.
(B) Nothing herein contained 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.
Each of the defendants is enjoined and restrained from:
(A) Each defendant is ordered to establish and maintain an antitrust compliance program which shall include designating, within 30 days of entry of this Final Judgment, an Antitrust Compliance Officer with responsibility for accomplishing the antitrust compliance program and 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 his or her defendant company to ensure that the company complies with this Final Judgment. The Antitrust Compliance Officer shall be responsible for accomplishing the following requirements:
(B) Each defendant is ordered to distribute, within 60 days of entry of this Final Judgment, a copy of this Final Judgment to an owner or manager of each automobile body repair shop located within 50 miles of Casper, Wyoming, which is presently in business and which has purchased parts or automobile body repair services from the defendant in the last five years.
(A) Within 75 days of the entry of this Final Judgment, each defendant shall certify to the plaintiff whether it has designated an Antitrust Compliance Officer and has distributed the Final Judgment in accordance with Section V(A)(1) and (B) above.
(B) For ten years after the entry of this Final Judgment, on or before its anniversary date, each defendant shall file with the plaintiff an annual Declaration as to the fact and manner of its compliance with the provisions of Sections IV and V(A).
(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 any 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 any defendant's principal office, such defendant shall submit such written reports, under oath if requested, relating to any matters contained in this Final Judgment as may be reasonably requested, subject to any legally recognized privilege.
(C) No information or documents obtained by the means provided in Section VII 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 any defendant to plaintiff, such 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 such defendant marks each pertinent page of 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 such defendant prior to divulging such material in any legal proceeding (other than a grand jury proceeding) to which that defendant is not a party.
(E) Nothing set forth in this Final Judgment shall prevent the Antitrust Division from utilizing other investigative alternatives, such as the Civil Investigative Demand process provided by 15 U.S.C. §§ 1311-1314 or a Federal grand jury, to determine if the defendant has complied with this Final Judgment.
(A) This Final Judgment shall expire ten years from the date of its entry.
(B) Jurisdiction is retained by this Court for the purpose of enabling any of the parties to this Final Judgment to apply to this Court at any time for further orders and directions as may be necessary or 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.
DATED: December 1, 1994