IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
PROFESSIONAL CONSULTANTS
INSURANCE COMPANY, INC.,
Defendant.
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CASE NUMBER: 1:05CV01272
JUDGE: Hon. Gladys Kessler
FILED: NOVEMBER 22, 2005
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UNITED STATES' CERTIFICATE OF COMPLIANCE WITH TUNNEY ACT AND MOTION FOR ENTRY OF AMENDED FINAL JUDGMENT
Plaintiff the United States hereby certifies that it has complied with the provisions of
Section 5 of the Clayton Act, as amended by Section 2 of the Antitrust Procedures and Penalties
Act (codified at 15 U.S.C. §§ 16(b)-(h) ("Tunney Act")), and states:
- Pursuant to 15 U.S.C. § 16(b), a proposed Final Judgment against Professional
Consultants Insurance Company, Inc., and a Stipulation consenting to the entry of
the proposed Final Judgment after compliance with the requirements of the
Tunney Act, were filed with the Court on June 24, 2005. (Dkt #1-2) An Amended
Proposed Final Judgment was filed on September 12, 2005. (Dkt # 4) The
Amended Proposed Final Judgment is also attached as a separate exhibit. See
Exhibit 1.
- On November 18, 2005, the defendant submitted a certificate of compliance with
the requirements of 15 U.S.C. § 16(g). (Dkt #6)
- Pursuant to 15 U.S.C. § 16(b), the Competitive Impact Statement was filed with
the Court on September 12, 2005. (Dkt #5)
- Pursuant to 15 U.S.C. § 16(b), the proposed Amended Final Judgment and the
Competitive Impact Statement were published in the Federal Register on
September 21, 2005, at 70 Fed. Reg. 55415-422 (2005). A copy of the Federal
Register Notice is attached as Exhibit 2.
- Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the proposed Amended
Final Judgment and the Competitive Impact Statement were published in The
Washington Post for seven consecutive days, from September 16, 2005, through
September 22, 2005. A copy of the Proof of Publication from The Washington
Post is attached as Exhibit 3.
- The 60-day period for public comments on the proposed Amended Final
Judgment, specified in 15 U.S.C. § 16(d), commenced on September 22, 2005 and
expired on November 21, 2005.
- The United States received no comments on the proposed Amended Final
Judgment.
Pursuant to the Stipulation filed on June 24, 2005, the Court may enter the proposed
Amended Final Judgment after it determines that the proposed Amended Final Judgment satisfies
the public interest standard of 15 U.S.C. § 16(e). Plaintiff's Competitive Impact Statement
demonstrates that the proposed Amended Final Judgment is in the public interest. Accordingly,
Plaintiff requests that the Court enter the proposed Amended Final Judgment, in the form
attached as Exhibit 1, without further hearings.
Dated: November 22, 2005
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Respectfully submitted,
____/s/____________________
Ryan J. Danks
Litigation I Section
Antitrust Division
United States Department of Justice
1401 H Street NW, Suite 4000
Washington, D.C. 20530
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CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing Certificate of Compliance with Tunney Act
and Motion for Entry of Amended Final Judgment was served on the following counsel, by
electronic mail in PDF format, on November 22, 2005:
Counsel for Defendant Professional
Consultants Insurance Company, Inc.:
Paul C. Cuomo
Howrey LLP
1299 Pennsylvania Ave. NW
Washington, DC 20004
CuomoP@Howrey.com
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__/s/_________________________
Ryan J. Danks
Litigation I Section
Antitrust Division
United States Department of Justice
1401 H Street NW, Suite 4000
Washington, D.C. 20530
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