UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
CommScope, Inc., and
| Case No: 1:07-cv-02200
PLAINTIFF UNITED STATES' EXPLANATION
of CONSENT DECREE PROCEDURES
Plaintiff United States submits this short memorandum summarizing
the procedures regarding the Court's entry of the proposed Final Judgment.
This Judgment would settle this case pursuant to the Antitrust Procedures
and Penalties Act, 15 U.S.C. §§ 16(b)-(h) (the "APPA"),
which applies to civil antitrust cases brought and settled by the United
- Today, plaintiff United States has filed a Complaint, proposed
Final Judgment, and Hold Separate Stipulation and Order, between the
parties by which they have agreed that the Court may enter the proposed
Final Judgment following compliance with the APPA. Plaintiff United
States has also filed a Competitive Impact Statement relating to the
proposed Final Judgment.
- The APPA requires that plaintiff United States publish the proposed
Final Judgment and the Competitive Impact Statement in the Federal
Register and in certain newspapers at least sixty (60) days prior
to entry of the proposed Final Judgment. The notice will inform members
of the public that they may submit comments about the proposed Final
Judgment to the United States Department of Justice, Antitrust Division
(see 15 U.S.C. §§ 16(b)-(c)).
- During the sixty-day period, plaintiff United States will consider,
and at the close of that period respond to, any comments that it has
received, and it will publish the comments and plaintiff United States'
responses in the Federal Register.
- After the expiration of the sixty-day period, plaintiff United States
will file with the Court the comments and plaintiff United States'
responses, and it may ask the Court to enter the proposed Final Judgment
(unless plaintiffs have decided to withdraw their consent to entry
of the Judgment, as permitted by Section IV.A of the Preservation
of Assets Stipulation and Order) (see 15 U.S.C. § 16(d)).
- After compliance with the APPA, 15 U.S.C. §§ 16(e)-(f),
the Court may enter the proposed Final Judgment without a hearing,
provided that it concludes that the Final Judgment is in the public
interest and that the United States has not withdrawn its consent.
| Dated: December 6, 2007
FOR PLAINTIFF UNITED STATES:
Alvin H. Chu
Michael Hirrel (D.C. Bar No. 940353)
Attorneys, Telecommunications & Media
U.S. Department of Justice, Antitrust Division
City Center Building
1401 H Street, N.W., Suite 8000
Washington, D.C. 20530
Facsimile: (202) 514-6381