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
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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:
- 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)
- On July 26, 2007, the defendant submitted a certificate of compliance
with the requirements of 15 U.S.C. § 16(g). (Dkt #10)
- Pursuant to 15 U.S.C. § 16(b), the Competitive Impact Statement
was filed with the Court on May 22, 2007. (Dkt #3)
- 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.
- 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.
- 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.
- 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
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/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
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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:
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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
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/s/ Ryan Danks
Ryan Danks
United States Department of Justice
Antitrust Division
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