UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
& Department of Justice
Antitrust Division
1401 H Street, N.W.
Suite 3000
Washington, D.C. 20530,
Plaintiff,
v.
CEMEX, S.A.B. de C.V.,
Av. Ricardo Margàin Zozaya #325,
Colonia del Valle Campestre,
Garza García, Nuevo León, Mexico 66265
and
RINKER GROUP LIMITED
Level 8, Tower B, 799 Pacific Highway
Chatsworth, NSW 2067, Australia,
Defendants.
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CASE NO.: 1:07-cv-00640
JUDGE: Hon. Royce C. Lamberth
DECK TYPE: Antitrust
DATE STAMP: August 30, 2007
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CERTIFICATE OF COMPLIANCE WITH PROVISIONS
OF THE ANTITRUST PROCEDURES AND PENALTIES ACT
Plaintiff, United States of America, by the undersigned attorney,
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 final judgment in
the above-captioned matter herein:
- Plaintiff and defendants have stipulated to the entry of the proposed
Final Judgment in an Amended Hold Separate Stipulation and Order ("AHSSO")
filed with the Court on May 2, 2007.
- The proposed Final Judgment was filed with the Court on May 2, 2007.
- The Competitive Impact Statement was filed with the Court on May
23, 2007.
- The proposed Final Judgment and Competitive Impact Statement were
published in the Federal Register on June 12, 2007. United
States v. Cemex, S.A.B. de C.V., 72 Fed. Reg. 32314-31, 2007
WL 1668708.
- A summary of the terms of the proposed Final Judgment was published
in The Washington Post, a newspaper of general circulation
in the District of Columbia, for seven days beginning on June 16,
2007 and ending on June 22, 2007.
- Copies of the AHSSO, proposed Final Judgment, and Competitive Impact
Statement were furnished to all persons requesting them and made available
on the Antitrust Division's Internet site.
- Defendant Rinker Group Limited, on June 18, 2007, and defendant
Cemex, S.A.B. de C.V., on June 19, 2007, filed with the Court a description
of 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).
- 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, ended on August
21, 2007.
- The United States did not receive any comments on the proposed Final
Judgment.
- The parties have 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 necessary public interest determination
required by 15 U.S.C. § 16(e) and to enter the proposed
Final Judgment.
Dated: August 30, 2007
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____________/s/___________________
Frederick H. Parmenter
VA Bar No. 18184
Attorney
United States Department of Justice
Antitrust Division
Litigation II Section
1401 H Street, N.W., Suite 3000
Washington, DC 20530
(202) 307-0620 |
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