FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PRESIDING JUDGE TO BE DETERMINED
UNITED STATES' MEMORANDUM EXPLAINING PROCEDURES IT WILL FOLLOW FOR ENTRY OF THE PROPOSED FINAL JUDGMENT
The United States submits this memorandum summarizing the procedures it will follow regarding entry of the proposed Modified Final Judgment. Although the United States does not believe that the modification of the final judgment is subject to the Antitrust Procedures and Penalties Act ("Tunney Act"), 15 U.S.C. § 16(b)-(h), it intends to follow procedures similar to those set out in the Act to allow interested parties to submit comments to the United States prior to the Court's determination of whether the entry of the Modified Judgment is in the public interest.
1. Today, the United States has filed a Motion For Modification Of The Final Judgment ("Motion") and a proposed Modified Final Judgment.
2. The United States intends to publish the Motion and proposed Modified Final Judgment in the Federal Register and to publish a notice of such modification in the Pittsburgh Post-Gazette at least 30 days prior to the time that the United States files a motion for the entry of the proposed Modified Final Judgment. The notice will inform members of the public that they may submit comments concerning the Modified Final Judgment to the United States Department of Justice, Antitrust Division.
3. During the 30-day period, the United States will consider, and at the close of that period respond to, any comments received.
4. After the expiration of the 30-day period, the United States will file with the Court the comments and the United States' response to any such comments. At that time, the United States will file a Motion For Entry Of The Modified Final Judgment. A proposed order is attached to this memorandum as Exhibit A.
5. After the filing of the Motion For Entry, the Court may enter the Modified Final Judgment without a hearing, if it finds that the Modified Final Judgment is in the public interest.