FOR THE DISTRICT OF COLUMBIA
UNITED STATES'S EXPLANATION OF CONSENT DECREE PROCEDURES
The 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 States.
1. Today, the United States has filed a proposed Final Judgment and
a Hold Separate Stipulation and Order between the parties by which they
have agreed that the Court may enter the proposed Final Judgment following
the United States's compliance with the APPA.
3. The APPA requires that the 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 Final Judgment. The notice will inform members of the public that
they may submit comments about the Final Judgment to the United States
Department of Justice, Antitrust Division [15 U.S.C. §§ 16(b)-(c)].
4. During the sixty-day period, the 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 the United States's responses in
the Federal Register.
5. After the expiration of the sixty-day period, the United States
will file with the Court the comments, if any and the United States's
responses, and it may ask the Court to enter the Final Judgment (unless
the United States has decided to withdraw its consent to entry of the
Judgment, as permitted by Section IV(A) of the Hold Separate Stipulation
and Order) [see 15 U.S.C.§ 16(d)].
6. If the United States requests that the Court enter the Final Judgment after compliance with the APPA, 15 U.S.C. §§ 16(e)-(f), the Court may enter the Judgment without a hearing, if it finds that the Final Judgment is in the public interest.