FOR THE DISTRICT OF COLUMBIA
WHEREAS plaintiff United States of America filed its Complaint alleging that defendants QUALCOMM Incorporated and Flarion Technologies, Inc. violated Section 7A of the Clayton Act, 15 U.S.C. § 18a, commonly known as the Hart-Scott-Rodino Antitrust Improvements Act of 1976, and plaintiff and defendants, through their respective attorneys, have consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law, for settlement purposes only, and without this Final Judgment constituting any evidence against or any admission by the defendants with respect to any such issue;
NOW THEREFORE, without trial or adjudication of any issue of fact or law herein, and upon the consent of the parties hereto, it is ORDERED, ADJUDGED AND DECREED:
The Court has jurisdiction over the subject matter of this action and over the parties to this action. The Complaint states a claim upon which relief can be granted against the defendants under Section 7A of the Clayton Act, 15 U.S.C. § 18a.
II. CIVIL PENALTY
Judgment is hereby entered in this matter in favor of plaintiff United States of America
and against defendants QUALCOMM Incorporated and Flarion Technologies, Inc., and pursuant
to Section 7A(g)(1) of the Clayton Act, 15 U.S.C. § 18a(g)(1), the Debt Collection Improvement
Act of 1996, Pub. L. 104-134, § 31001(s), and FTC Rule 1.98(a), 16 C.F.R. § 1.98(a) (2000),
defendants hereby are ordered jointly and severally to pay a civil penalty in the amount of one
million eight hundred thousand dollars ($1,800,000). Payment shall be made by wire transfer or
cashier's check. If the payment is made by wire transfer, the defendants shall contact Janie
Ingalls of the Antitrust Division's Antitrust Documents Group at (202) 514-2481 for instructions
before making the transfer. If the payment is made by cashier's check, the check shall be made
payable to the United States Department of Justice and delivered to:
Defendants shall pay the full amount of the civil penalties within thirty (30) days of entry of this Final Judgment. In the event of a default in payment, interest at the rate of eighteen (18) percent per annum shall accrue thereon from the date of default to the date of payment.
Each party shall bear its own costs of this action.
IV. PUBLIC INTEREST DETERMINATION
Entry of this Final Judgment is in the public interest.