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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

CHARLESTON AREA MEDICAL CENTER,   
INC.,

                  Defendant.


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Civil Action No. 2:06-0091

Judge Joseph R. Goodwin


CERTIFICATE OF COMPLIANCE WITH PROVISIONS
OF THE ANTITRUST PROCEDURES AND PENALTIES ACT

Plaintiff United States of America, by the undersigned attorneys, hereby certifies that, in compliance with the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), the following procedures have been followed in preparation for the entry of a final judgment herein:

  1. Plaintiff and defendant stipulated to the entry of the proposed Final Judgment, which was filed with the Court on February 6, 2006;

  2. The Competitive Impact Statement was filed with the Court on February 6, 2006;

  3. The Complaint, proposed Final Judgment, and Competitive Impact Statement were published in the Federal Register on February 24, 2006, see 71 Fed. Reg. 9598-606 (2006);

  4. A summary of the terms of the proposed Final Judgment was published in

    1. the Washington Post, a newspaper of general circulation in the District of Columbia, beginning on February 20, 2006 and continuing on consecutive days through February 26, 2006 (see attachment), and

    2. the Charleston Gazette, a newspaper of general circulation in the Southern District of West Virginia, beginning on February 20, 2006 and continuing on consecutive days through February 25, 2006, and on February 27, 2006 (see attachment);

  5. Copies of the Complaint, proposed Final Judgment, and Competitive Impact Statement were furnished to all persons requesting them and made available on the Antitrust Division's Internet site;

  6. On February 16, 2006, defendant Charleston Area Medical Center, Inc. filed with the Court its disclosure statement concerning written or oral communications by or on behalf of the defendant, or any other person, with any officer or employee of the United States concerning the proposed Final Judgment, as required by 15 U.S.C. § 16(g);

  7. The sixty-day comment period prescribed by 15 U.S.C. §16(b) and (d) for the receipt and consideration of written comments, during which the proposed Final Judgment could not be entered, commenced on February 24, 2006 and ended on April 25, 2006;

  8. The United States received no public comments on the proposed Final Judgment; and

  9. The parties have now satisfied all the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), as a condition for entering the proposed Final Judgment, and it is now appropriate for the Court to make the public-interest determination required by 15 U.S.C. § 16(e) and to enter the Final Judgment.

Dated: April 27, 2006

Respectfully submitted,



_______________/s/________________
Peter J. Mucchetti
Mitchell H. Glende
Attorneys for the United States
United States Department of Justice
1401 H Street, N.W., Suite 4000
Washington, D.C. 20530
Telephone: (202) 353-4211
Facsimile: (202) 307-5802

Charles T. Miller
Acting United States Attorney

By:_____________/s/_____________
Kelly R. Curry
Assistant United States Attorney