UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
UNITED STATES OF AMERICA,
MULTIPLE LISTING SERVICE OF
HILTON HEAD ISLAND, INC.,
| Civil Action No. 9:07-CV-3435-SB
CERTIFICATE OF COMPLIANCE
Plaintiff, the United States of America, hereby certifies that it has
complied with the provisions of the Antitrust Procedures and Penalties
Act, 15 U.S.C. § 16(b)-(d) and states:
- The Complaint and Competitive Impact Statement were filed on October
17, 2007 with this Court.
- The Proposed Final Judgment was filed on October 18, 2007.
- Pursuant to 15 U.S.C. § 16(b), the Proposed Final Judgment
and Competitive Impact Statement were published on November 27, 2007
in the Federal Register, 72 Fed. Reg. 66188 (a copy of the
Federal Register Notice is attached as Exhibit A);
- Pursuant to 15 U.S.C. § 16(c) a summary of the terms of the
Proposed Final Judgment and Competitive Impact Statement were published
- The Washington Post, a newspaper of general
circulation in the District of Columbia, during the period of
November 18 through 24, 2007.
- The Island Packet , a newspaper of general circulation
on Hilton Head Island, South Carolina, during the period of November
28 through December 4, 2007.
(Copies of the Proof of Publications from The Washington
Post and The Island Packet are attached Exhibits
B and C respectively.);
- Copies of the Proposed Final Judgment and Competitive Impact Statement
were furnished to all persons requesting them and made available on
the Antitrust Division's Internet Site;
- The 60-day comment period specified in 15 U.S.C. § 16(b) commenced
on December 5, 2007 and terminated on February 2, 2008;
- The United States received one written comment on the Proposed Final
Judgment. The United Sates filed that comment and its Response to
Public Comment with the Court on April 9, 2008, and published the
Response and the comment in the Federal Register on May 14,
2008, 73 FR 27847 (2008).
- The defendant has 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).
Defendant filed its description on February 22, 2008.
- The parties have now 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 15U.S.C. § 16(e) and to enter the proposed Final
- Plaintiff's Competitive Impact Statement demonstrates that the Proposed
Final Judgment satisfies the public interest standard of 15 U.S.C.
§ 16(e); and
- Plaintiff requests that this Court enter the Final Judgment without
further hearings and is authorized by counsel for Defendant to state
that Defendant joins in this request.
Dated: May 21, 2008
FOR PLAINTIFF UNITED STATES OF AMERICA:
Kevin F. McDonald
Acting United States Attorney
| BY: __/s/_Barbara Bowens_____
Barbara M. Bowens (I.D. 4004)
Assistant United States Attorney
1441 Main Street, Suite 500
Columbia, South Carolina 29201
| __/s/_Lisa Scanlon_______
Attorney, Antitrust Division
325 7th St. NW, Suite 300
Washington, DC 20530
CERTIFICATE OF SERVICE
I hereby certify that on May 21, 2008, I caused a copy of the foregoing
Certificate of Compliance to be served electronically on counsel for
Defendant in this matter.
| BY: __/s/_Lisa Scanlon_______
Jane W. Trinkley
McNair Law Firm, P.A.
P.O. Box 11390
Columbia, SC 29211
Counsel for Defendant