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Ryan Danks
Steven Kramer
Seth Grossman
Rebecca Perlmutter
U.S. Department of Justice Antitrust Division
1401 H Street NW, Suite 4000
Washington, DC 20530
(202) 307-0001
      Attorneys for the United States

 

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA



UNITED STATES OF AMERICA and the State of
Arizona

                 Plaintiffs,

                  v.

Arizona Hospital and Healthcare
Association and AzHHA Service
Corporation,                                                              

                Defendants.


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CASE NO. CV07-1030-PHX-JAT

UNITED STATES'
CERTIFICATE OF COMPLIANCE
WITH TUNNEY ACT



UNITED STATES' CERTIFICATE OF COMPLIANCE WITH TUNNEY ACT

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:

  1. Pursuant to 15 U.S.C. § 16(b), a proposed Final Judgment against the Defendants, 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 May 22, 2007. (Dkt #2)
  2. On July 26, 2007, the defendant submitted a certificate of compliance with the requirements of 15 U.S.C. § 16(g). (Dkt #10)
  3. Pursuant to 15 U.S.C. § 16(b), the Competitive Impact Statement was filed with the Court on May 22, 2007. (Dkt #3)
  4. Pursuant to 15 U.S.C. § 16(b), the proposed Final Judgment and the Competitive Impact Statement were published in the Federal Register on June 4, 2007, at 72 Fed. Reg. 30832-845 (2007). A copy of the Federal Register Notice is attached as Exhibit 1.
  5. Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the proposed Final Judgment and the Competitive Impact Statement were published in The Washington Post for seven consecutive days, from June 13, 2007, through June 19, 2007. This notice was also published in the Arizona Republic for seven consecutive days, from June 17, 2007, through June 23, 2007. Copies of the Proofs of Publication from The Washington Post and the Arizona Republic are attached as Exhibits 2 and 3.
  6. The 60-day period for public comments on the proposed Final Judgment, specified in 15 U.S.C. § 16(d), commenced on June 23, 2007, and expired on August 22, 2007.
  7. The United States received no comments on the proposed Final Judgment.

Pursuant to the Stipulation filed on May 22, 2007, this Court may enter the proposed Final Judgment after it determines that the proposed Final Judgment satisfies the public interest standard of 15 U.S.C. § 16(e). The United States' Competitive Impact Statement (Dkt #3) demonstrates that the proposed Final Judgment is in the public interest.



Dated: September 7, 2007
/s/ Ryan Danks
RYAN DANKS
STEVEN KRAMER
SETH A. GROSSMAN
REBECCA PERLMUTTER

Attorneys
Litigation I Section
United States Department of Justice
Antitrust Division
1401 H Street NW, Suite 4000
Washington, DC 20530
(202) 307-0001
Attorneys for the United States


CERTIFICATE OF SERVICE

I hereby certify that on September 7, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants, and further provided copies to the registrants via electronic mail:




Nancy Bonnell, Antitrust Unit Chief, ID #016382
Consumer Protection and Advocacy Section
Department of Law Building, Room #259
1275 West Washington Street
Phoenix, AZ 85007-2997
(602) 542-7728
Attorney for the State of Arizona

Andrew S. Gordon
Coppersmith Gordon Schermer & Brockelman PLC
2800 North Central Avenue, Suite 1000
Phoenix, AZ 85004
(602) 381-5460
Facsimile: (602) 224-6020
Attorney for the Defendants





 

/s/ Ryan Danks
Ryan Danks
United States Department of Justice
Antitrust Division