FOR THE EASTERN DISTRICT OF VIRGINIA
UNITED STATES' CERTIFICATE OF COMPLIANCE WITH
The United States hereby certifies that it has complied with the provisions of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) ("APPA"), and states:
1. The Complaint, proposed Final Judgment, Stipulation, and Competitive Impact Statement were filed with this Court on August 8, 2005.
2. Pursuant to 15 U.S.C. § 16(b), the proposed Final Judgment and the Competitive Impact Statement were published in the Federal Register on October 18, 2005 (70 Fed. Reg. 48590). A copy of the Federal Register notice is attached as Exhibit A.
3. Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the proposed Final Judgment and Competitive Impact Statement were published on seven (7) consecutive days running from August 13, 2005 through August 19, 2005 in The Washington Post, a newspaper of general circulation in the District of Columbia and in The Virginian-Pilot, a newspaper of general circulation in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Virginia. Copies of the certificate of publication from The Washington Post and from The Virginian-Pilot, respectively, are attached as Exhibit B.
4. The 60-day comment period specified in 15 U.S.C. § 16(b) commenced on August 18, 2005 and terminated on October 17, 2005.
5. During the 60-day comment period, the United States received no comments from members of the public concerning the proposed Final Judgment.
6. Pursuant to 15 U.S.C. § 16(b), the United States furnished copies of the proposed Final Judgment and Competitive Impact Statement to anyone requesting them.
7. On August 15, 2005, the defendant complied with the requirement of 15 U.S.C. § 16(g) when the defendant filed with the Court a statement indicating that it had not had any communications concerning the proposed Final Judgment that were reportable under 15 U.S.C. §16(g).
8. With these steps having been taken, the parties have satisfied their obligations under the APPA. Pursuant to the Stipulation filed on August 8, 2005, and 15 U.S.C. § 16(e), the Court may now enter the Final Judgment without further hearings, if it determines that entry of the Final Judgment is in the public interest. For the reasons set forth in the Competitive Impact Statement, the United States believes that the proposed Final Judgment satisfies the public interest standard of 15 U.S.C. § 16(e). The United States therefore requests that this Court enter the Final Judgment without further hearings.
Dated: October 31, 2005
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was served upon Waste Industries USA, Inc. by placing a copy of this Certificate of Compliance with Provisions of the Antitrust Procedures and Penalties Act in the U.S. Mail, first class and postage prepaid, directed to the addresses given below, this 1st day of November, 2005:
Counsel for Defendant Waste Industries USA, Inc.:
Benjamin N. Thompson, Esquire
Dean T. Buckius, Esquire