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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
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RECEIVED
USDS, CLERK, CHARLESTON, SC.
2009
AUG 27 P 1:10
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UNITED STATES OF AMERICA,
Plaintiff,
v.
CONSOLIDATED MULTIPLE
LISTING SERVICE, INC.,
Defendant.
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Case No. 3:08-CV-01786-SB
Filed: 08/27/2009
Judge: Sol Batt, Jr.
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FINAL JUDGMENT
WHEREAS, Plaintiff, United States of America, filed its Complaint
on May 2, 2008, alleging that Defendant Consolidated Multiple Listing
Service, Inc. ("CMLS") adopted rules and practices that exclude competitors
from and restrain competition in the Columbia, South Carolina, real
estate brokerage market in violation of Section 1 of the Sherman Act,
15 U.S.C. § 1, and Plaintiff and Defendant, by their respective
attorneys, have consented to the entry of this Final Judgment without
trial or adjudication of any issue of fact or law, and without this
Final Judgment constituting any evidence against, or any admission by,
any party regarding any issue of fact or law;
WHEREAS, the United States requires CMLS to agree to certain procedures
and prohibitions for the purposes of preventing and remedying the loss
of competition alleged in the Complaint;
WHEREAS, CMLS agrees to be bound by the provisions of this Final Judgment
pending its approval by the Court;
WHEREAS, the purpose of this Final Judgment is the prompt and certain
elimination of barriers to new and innovative broker competitors and
impediments to competition among brokers in the Columbia area;
NOW THEREFORE, before any testimony is taken, without trial or adjudication
of any issue of fact or law, and upon consent of the parties, it is
ORDERED, ADJUDGED, AND DECREED:
I. JURISDICTION
This Court has jurisdiction over the subject matter of and each of
the parties to this action. The Complaint states a claim upon which
relief may be granted against CMLS under Section 1 of the Sherman Act,
as amended, 15 U.S.C. § 1.
II. DEFINITIONS
As used in this Final Judgment:
A. "Board" means CMLS's Board of Directors or Board of Trustees.
B. "Broker-in-Charge" means a broker-in-charge as the term is defined
under Title 40, Chapter 57 of the Code of Laws of South Carolina.
C. "CMLS" means the Defendant, Consolidated Multiple Listing Service,
Inc., its predecessors, successors, subsidiaries, affiliates, partnerships,
and joint ventures and all directors, trustees, officers, employees,
agents and representatives of the foregoing. The terms "subsidiary,"
"affiliate," and "joint venture" refer to any Person in which there
is or has been partial (twenty percent or more) or total ownership or
control between CMLS and any other Person.
D. "Department of Justice" means the United States Department of Justice,
Antitrust Division.
E. "Including" means including, but not limited to.
F. "Licensee" means a Person licensed as a broker or salesman under
Title 40, Chapter 57 of the Code of Laws of South Carolina and affiliated
with a Member of CMLS.
G. "Member" means an Owner who is entitled to receipt of or access
to all products and services that CMLS offers to any member or participant.
H. "Membership" means being a Member of CMLS.
I. "Owner" means a person who is or employs a Broker-in-Charge.
J. "Person" means any natural person, corporation, company, partnership,
joint venture, firm, association, proprietorship, agency, board, authority,
commission, office, or other business or legal entity, whether private
or governmental.
K. "Rule" means any CMLS rule, bylaw, policy, standard, or guideline.
L. The terms "and" and "or" have both conjunctive and disjunctive meanings.
III. APPLICABILITY
This Final Judgment applies to CMLS and all other persons in active
concert or participation with it who receive actual notice of this Final
Judgment by personal service or otherwise.
IV. PROHIBITED CONDUCT
A. Subject to the provisions of Section VI of this Final Judgment,
CMLS shall not adopt, maintain, or enforce any Rule, or enter into or
enforce any agreement or practice, that directly or indirectly
- denies Membership in CMLS to any Owner who requests Membership in
CMLS;
- discriminates against or disadvantages any Member or Licensee based
on the Member's or Licensee's office location, pricing or commission
rates, business model, contractual forms or types used, or services
or activities the Member or Licensee performs or does not perform
for any home buyer or home seller;
- conditions CMLS's acceptance of any listing or its provision of
any other product or service to any Member or any Licensee on the
Member's or Licensee's pricing or commission rate or performance of
or agreement to perform any service or activity for any home buyer
or home seller; or
- prohibits, restricts, or impedes any truthful advertising or marketing
activities of any home seller or discriminates against or disadvantages
any Member or Licensee for any truthful advertising or marketing activity
in which any home seller is engaged. For purposes of this provision,
it is not untruthful for a home seller who has entered an exclusive
agency listing agreement with a Member or Licensee to advertise his
or her home in "For Sale by Owner" or "FSBO" publications or on "For
Sale by Owner" or "FSBO" websites or to otherwise suggest to the public
that the home seller is selling his or her own home.
B. CMLS shall not require any Owner who seeks to become a Member to
pay, as a condition of becoming a Member, initiation, application, or
other fees that, individually or in the aggregate, exceed the reasonably
estimated cost incurred by CMLS in adding a new Member.
C. CMLS shall not inquire into or request information about the actual
or anticipated business model, prices or commission rates charged or
to be charged, or operations of (i) any Owner who requests Membership
in CMLS, (ii) any Member, or (iii) any Licensee, except as necessary
to ensure that the Owner, Member, or Licensee holds (or employs a person
who holds) the appropriate license under Title 40, Chapter 57 of the
Code of Laws of South Carolina.
D. CMLS shall not re-adopt or enforce any Rules or portions of Rules
that it must delete under Sections V.A or V.B of this Final Judgment
or reverse or modify any modifications to Rules or portions of Rules
that it must modify under Section V.B of this Final Judgment.
V. REQUIRED CONDUCT
A. Subject to the provisions of Section VI of this Final Judgment,
CMLS shall delete and cease to enforce any Rule, and discontinue any
practice, that CMLS would be prohibited from adopting, maintaining,
or enforcing pursuant to Section IV of this Final Judgment.
B. CMLS shall make the following specific changes to its Rules (all
references are to the December 2008 version of CMLS's Bylaws and to
the January 2009 version of CMLS's rules):
- CMLS shall modify Article III, Section 1 of its Bylaws as follows:
Current language:
"Those eligible for membership in CMLS shall consist of entities
and/or individuals holding a license to engage in the real estate
business within the Midlands of South Carolina which are primarily
in the real estate business within primary areas served by the
CMLS shall qualify for membership. The service areas include the
counties of Richland, Lexington, Saluda, Kershaw, Calhoun, Newberry
and Fairfield."
Modified language:
"Those eligible for membership in CMLS shall consist of Owners
who are or who employ Brokers-in-Charge holding licenses allowing
them to engage in the real estate business in South Carolina."
- CMLS shall delete and cease to enforce the following portion of
Article III, Section 6 of its Bylaws:
"This application will include a thorough resume of the new Member's
Broker-in-Charge and owner. The prospective member also agrees that
a credit check may be required. The application must be submitted
to the CMLS office no later than two weeks prior to the scheduled
membership meeting."
- CMLS shall delete and cease to enforce the following portion of
Article IV of its Bylaws:
"RECOGNIZING THAT PROFESSIONAL REPRESENTATION OF BOTH A BUYER
AND A SELLER IS CRITICALLY IMPORTANT IN ANY REAL ESTATE TRANSACTION,
NO PROPERTY SHALL BE LISTED WITH THE CMLS UNLESS THE AGREEMENT BETWEEN
THE SELLER AND LISTING AGENT EXPRESSLY REQUIRES ACTIVE INVOLVEMENT
BY THAT AGENT IN THE SALE AND CLOSING OF THE PROPERTY. FAILURE TO
ABIDE BY THIS PRECEPT SHALL CAUSE A PROPERTY TO BE DE-LISTED AND
MAY SUBJECT THE LISTING AGENT TO EXPULSION FROM CMLS."
- CMLS shall modify Article XI of its Bylaws as follows:
Current language:
"Any dispute between Members relating to or arising out of breaches
or violations of the rules and regulations of the CMLS, or between
Members and buyers and sellers, arising out of the use of the
CMLS, shall be submitted for mediation as herein provided in the
Exclusive Right to Sell Contract."
Modified language:
"Any dispute between Members relating to or arising out of breaches
or violations of the rules and regulations of the CMLS shall be
submitted for mediation."
- CMLS shall modify a portion of Definition 8 ("Listing Agreement")
as follows:
Current language:
"CMLS allows the entry of Exclusive Right to Sell and Exclusive
Agency into the CMLS database, as adopted and approved by the
Board from time to time."
Modified language:
"CMLS allows the entry of Exclusive Right to Sell and Exclusive
Agency listings into the CMLS database."
- CMLS shall modify Definition 10 ("FSBO") as follows:
Current language:
"Properties for sale by an Owner with no CMLS Exclusive Right
to Sell Form executed by Owner."
Modified language:
"Properties for sale by an Owner with no Listing Agreement executed
by Owner."
- CMLS shall modify Rule 1(a) as follows:
Current language:
"Written Agreement. Each listing submitted by a Member shall
be in writing on the Exclusive Right to Sell (ERTS) Form or Exclusive
Agency (EA) Form as approved by the Board from time to time. No
alteration of any kind to the provisions of the Listing Agreement
shall be allowed. No material shall be included in the 'Special
Stipulations' section of the Listing Agreements which is inconsistent
with or which modifies the printed portion of the Listing Agreements
or which is inconsistent with the By-Laws or Rules or Regulations
of CMLS. No Member or representative thereof shall make any agreement
with an Owner, whether verbally or in writing, which varies, in
any way, the provisions of the Listing Agreements provided herein.
CMLS allows only a single list price for a property."
Modified language:
"Written Agreement. For each listing submitted to CMLS by a Member,
the Member shall have a written Listing Agreement with the property
owner."
- CMLS shall modify Rule 1(b)(1) as follows:
Current language:
"All listings shall be prepared on such forms as the Board shall
approve from time to time . . . ."
Modified language:
"Members shall collect information about listings submitted to
CMLS on Listing Input Sheets as the Board shall approve from time
to time . . . ."
- CMLS shall modify Rule 1(b)(2) as follows:
Current language:
"All listings must be entered into the computer within 2 business
days upon acceptance of the listing by the Member. If not entered
by the Member, the listing shall be delivered to CMLS within 2
business days by hand delivery or facsimile transfer and a fee
of $15.00 will be required for entry by CMLS. Completed Listing
Forms (to include Listing Input Sheets and Exclusive Right to
Sell or Exclusive Agency Contracts) are not required to be submitted
to CMLS, but will be retained by member companies in accordance
with current State Law. Copies of these documents shall be submitted
to CMLS upon request. Additionally, ten (10) percent of new listings
entered into the CMLS database will be automatically selected
for audit. The Listing Company will be notified at the time the
listing is entered into the system and an MLS number assigned.
A follow-up email will be transmitted to the Listing Agent, the
person entering the listing and the BIC."
Modified language:
"All listings must be entered into the computer within two (2)
business days upon acceptance of the listing by the Member. If not
entered by the Member, the Listing Input Sheet shall be delivered
to CMLS within two (2) business days by hand delivery or facsimile
transfer and a fee of $15 will be required for entry by CMLS. Completed
Listing Agreements should be retained by member companies in accordance
with current State Law. Copies of Listing Input Sheets (but not
Listing Agreements) shall be submitted to CMLS upon request. However,
no more than ten (10) percent of new listings entered into the CMLS
database will be randomly selected for audit. The Listing Company
will be notified at the time the listing is entered into the system
and an MLS number assigned. A follow-up email will be transmitted
to the Listing Agent, the person entering the listing and the BIC.
If selected for audit, the Listing Company shall submit copies of
Listing Input Sheets and Listing Agreements to CMLS within two business
days. Before submitting any Listing Agreement, the Listing Company
may white out, black out, or otherwise conceal all information in
the Listing Agreement except the Member's or Listing Agent's and
owner's signatures, the co-broke fee to be paid to any Selling Company,
the date of execution of the Listing Agreement, the term (length)
of the Listing Agreement, and the address of the listed property.
Listings submitted for audit may be reviewed by any CMLS employee
other than those employees who are also CMLS Members. CMLS will
destroy any audited Listing Input Sheets and Listing Agreements
within five business days of receiving them or following the resolution
of any issues."
- CMLS shall modify a portion of Rule 2 as follows:
Current language:
"Offers on properties included in the CMLS shall be made in
written form to the Selling Company and not directly to the Owner."
Modified language:
"Offers on properties included in the CMLS shall be made in written
form to the Listing Company and not directly to the Owner, unless
the Listing Company communicates otherwise in the broker or agent
remarks field in the listing. The Listing Company shall, upon request,
furnish an executed copy of a form dated and signed by the Owner
stating as follows: 'I have entered a listing agreement with [broker]
for the sale of my property. I have agreed with my broker that offers
from potential buyers (or their brokers or agents) will be submitted
to me and not to my broker.'"
- CMLS shall modify a portion of Rule 3 as follows:
Current language:
There will be no owner's names or phone numbers on any signage.
Modified language:
There will be no owner's names or phone numbers on any signage,
unless the Listing Company and Owner have entered an Exclusive Agency
Listing as opposed to an Exclusive Right to Sell Listing.
- CMLS shall modify a portion of Rule 3 as follows:
Current language:
"No 'For Sale By Owner' (FSBO) sign may be placed on the property
nor may the property be advertised in print media as a FSBO or
electronically on FSBO sites."
Modified language:
"No 'For Sale By Owner' (FSBO) sign may be placed on the property
nor may the property be advertised in print media as a FSBO or electronically
on FSBO sites, unless the Listing Company and Owner have entered
an Exclusive Agency Listing as opposed to an Exclusive Right to
Sell Listing."
- CMLS shall modify a portion of Rule 5(b) as follows::
Current language:
"In order to maintain the highest professional standards and
meet the requirements of Article II Item 3, all Members must maintain
an office in accordance with State Law. The office shall be maintained
within primary areas served by CMLS, which includes the counties
of Richland, Lexington, Kershaw, Saluda, Newberry, Calhoun and
Fairfield."
Modified language:
"In order to maintain the highest professional standards and meet
the requirements of Article II Item 3, all Members must maintain
an office in accordance with State Law, enforcement of which is
the responsibility of the appropriate State officials."
- CMLS shall delete and cease to enforce Rule 5(c), which states as
follows:
"A representative (Owner/Broker-in-Charge) of the prospective
Member must personally appear at the CMLS office for a brief orientation
meeting with the Membership Committee. The CMLS Board will vote
on acceptance of the prospective new Member at the next scheduled
board meeting. This voting process may also be conducted via email.
The prospective Member will be notified of the Board's decision
within 2 business days."
- CMLS shall modify a portion of Rule 7 as follows:
Current language:
". . . no Member may advertise in any media that they can list
a property in the CMLS for a flat fee without disclosing to the
consumer that the consumer will be required to sign an Exclusive
Right to Sell contract which includes the co-broke fee the consumer
is willing to pay."
Modified language:
". . . no Member may advertise in any media that they can list
a property in the CMLS for a flat fee without disclosing to the
consumer that the consumer will be required to offer a co-broke
fee."
- CMLS shall modify a portion of Rule 7 as follows:
Current language:
"No property may be advertised in print media as a FSBO or electronically
on FSBO sites nor can a FSBO sign be placed on the property."
Modified language:
"No property may be advertised in print media as a FSBO or electronically
on FSBO sites nor can a FSBO sign be placed on the property, unless
the Listing Company and Owner have entered an Exclusive Agency Listing
as opposed to an Exclusive Right to Sell Listing."
- CMLS shall modify Rule 17 as follows:
Current language:
"Prior to being granted access to the CMLS system for the purpose
of information entry an agent/representative or individual Member
must attend and complete an introductory class on the use thereof
and provide evidence thereof to the CMLS staff."
Modified language:
"Prior to being granted access to the CMLS system for the purpose
of information entry, an agent/representative or individual Members
must attend and complete an introductory class on the use of the
CMLS system and an orientation with a CMLS staff member (who is
not a CMLS Member). New Members who previously worked as an agent/representative
under another CMLS Member and had training in and access to the
CMLS system need not repeat the introductory class and orientation.
The agent/representative or individual Member will also be excused
from the introductory class if he or she demonstrates familiarity
with the MLS software used by CMLS, through membership in another
MLS that uses the same software. In such case, the agent/representative
or individual Member may receive the orientation by phone. CMLS
shall provide introductory classes/orientation no less frequently
than once every two weeks, if needed."
- CMLS shall modify Rule 20(21) as follows:
Current language:
"All keyboxes must be approved by the CMLS. Within the primary
service area of CMLS, another type of keybox may be placed on the
listing but must be accompanied by a keybox approved by the CMLS
(including HUD homes, Corporate Owned homes, Foreclosures, etc).
Subleasing of CMLS keyboxes is strictly forbidden and will result
in a fine of $500 for each offense. Listings in violation of this
rule will be removed from the CMLS system without notice."
Modified language:
"Listings with keyboxes in the CMLS primary service area (Richland,
Lexington, Kershaw, Saluda, Fairfield, Newberry and Calhoun Counties)
must have a CMLS approved keybox. Another type of keybox (non-CMLS
approved) may be placed on the listing but must be accompanied by
a keybox approved by CMLS (including HUD homes, Corporate Owned
homes, Foreclosures, etc.). Upon receipt of a signed agreement between
the Seller and an agent/representative or individual Member requesting
CMLS to supply a keybox directly to the Seller, CMLS will furnish
the Seller a keybox. The agreement shall include a statement that
the agent/representative or individual Member agrees to pay all
normal fees associated with the issuance of a keybox. CMLS shall
maintain a list of keyholders available to remove keyboxes as a
service to listing brokers at a fee to be negotiated between the
keyholder and Member. Subleasing of CMLS keyboxes is strictly forbidden
and will result in a fine of $500 for each offense. Listings in
violation of this rule will be removed from the CMLS system without
notice."
- CMLS shall modify Rule 20(23) as follows:
Current language:
"Any agreement between a listor client and a Member that gives
the Member an advantage over another Member must be disclosed on
the CMLS listing input sheet and appear on the computer printout
sheet, i.e., if the listing company or owner sells the property
the commission will be modified. The listing member must disclose
the details of such agreement when requested by another Member."
Modified language:
"If a Member enters a Listing Agreement with an Owner under which
the commission rate varies for any reason, that fact (but not the
commission rate) shall be disclosed on the CMLS Listing Input Sheet
and appear on the computer printout sheet."
- CMLS shall modify Rule 21 as follows:
Current language:
"Each member shall provide evidence to the Board annually that
it maintains Errors and Omissions insurance in an amount of $500,000.00
or greater. Failure to maintain such insurance shall result in
loss of membership if not corrected within 90 days after notice."
Modified language:
"If a Member does not have or maintain at least $500,000 in
Errors and Omissions insurance, it shall disclose that fact on
each document required to be executed in the course of creating
a listing. The Member shall also disclose that fact on the Listing
Input Sheet and CMLS will include the following statement on any
publication of that listing: 'The Listing Company for this property
does not maintain Errors and Omissions insurance.'"
C. CMLS shall deliver, to any Person who requests it and by whatever
reasonable delivery method such Person requests (including e-mail),
a complete set of materials necessary to apply for Membership, including
a complete set of CMLS's then-current Rules.
D. CMLS shall permit any Owner to submit an application for Membership
by whatever reasonable delivery method he or she desires.
E. Within three business days of completion of orientation and CMLS
system training, if needed, CMLS shall grant the Owner Membership in
CMLS. If the applicant (Member, if orientation has been completed) has
previously been trained in the use of CMLS's systems (by CMLS or another
MLS), CMLS shall immediately provide the applicant all passwords and
other information and materials necessary for him or her to submit listings
to CMLS, to access CMLS's database of listings (including confidential
or broker-to-broker information fields), and to use any product or service
provided by CMLS. If the new applicant has not previously been trained
in the use of CMLS's systems, CMLS shall provide such information and
materials after the new applicant has completed training in the use
of CMLS's systems. CMLS shall offer training in the use of its systems
no less frequently than once every two weeks, if needed.
F. CMLS shall prevent any employee, officer, director, or trustee of
CMLS who is himself or herself a Member or Licensee from viewing or
accessing listing or other agreements between a Member or Licensee and
any home buyer or home seller. Membership applications shall not request
any information concerning the business model or operations of or the
commissions or other prices to be charged by the applicant.
G. CMLS shall furnish to the Department of Justice
- a complete set of CMLS's Rules, within five business days of each
modification to those Rules; and
- a complete set of minutes of any meeting of CMLS Members or any
regular or special meeting of CMLS's Board or of any committee comprised
of members of CMLS's Board, within five business days of the approval
of such minutes (if such minutes are formally approved) or of the
finalization of such minutes (if such minutes are not formally approved).
H. Within five business days after entry of this Final Judgment, CMLS
shall
- furnish to each Member and Licensee a hard or electronic copy of
this Final Judgment and a hard or electronic copy of CMLS's Rules
modified to conform to the provisions of this Final Judgment; and
- furnish a copy of this Final Judgment and a copy of CMLS's Rules
modified to conform to the provisions of this Final Judgment to each
Person who, in the five years preceding entry of this Final Judgment,
CMLS knows to have picked up an application for Membership or who
otherwise inquired about becoming a Member. CMLS shall also notify
each such Person that CMLS will allow any Owner, who is not prohibited
from Membership (under Rules permitted under Section VI of this Final
Judgment), to become a Member.
VI. PERMITTED CONDUCT
Subject to Section IX of this Final Judgment and notwithstanding any
of the above provisions, nothing in this Final Judgment shall prohibit
CMLS from:
A. denying Membership to or terminating the Membership of any Owner
who no longer holds, or no longer employs a Broker-in-Charge who holds,
a broker's license under Title 40, Chapter 57 of the Code of Laws of
South Carolina or who has been convicted of a crime of either a criminal
sexual nature or relating to the improper handling of funds;
B. requiring, as a condition of obtaining or maintaining Membership,
that CMLS Members certify that each Licensee affiliated with the Member
has undergone a nationwide background check and has no convictions of
either a criminal sexual nature or relating to the improper handling
of funds; and
C. disciplining, including terminating the Membership or access to
CMLS of, any Member or Licensee who violates CMLS Rules or fails to
pay CMLS's fees or dues, provided (i) that CMLS not discriminate
in its investigation or discipline of Members or Licensees for Rules
violations or failure to pay fees or dues based on the Members' or Licensees'
office locations, pricing or commission rates, business models, contractual
forms or types used, or the services or activities they perform or do
not perform for any home buyer or home seller and (ii) that it
maintain processes consistent with the requirements of § 33-31-621(b)(2)
of the Code of Laws of South Carolina.
VII. COMPLIANCE AND INSPECTION
A. For the purposes of determining or securing compliance with this
Final Judgment, or of determining whether the Final Judgment should
be modified or vacated, and subject to any legally recognized privilege,
from time to time duly authorized representatives of the Department
of Justice, including consultants and other persons retained by the
United States, shall, upon written request of a duly authorized representative
of the Assistant Attorney General in charge of the Antitrust Division,
and on reasonable notice to CMLS, be permitted:
- access during CMLS's office hours to inspect and copy, or at the
United States's option, to require CMLS to provide hard or electronic
copies of, all books, ledgers, accounts, records, data and documents
in CMLS's possession, custody, or control, relating to any matters
contained in this Final Judgment; and
- to interview, either informally or on the record, CMLS's Members,
directors, trustees, officers, employees, or agents, who may have
their individual counsel present, regarding such matters. The interviews
shall be subject to the reasonable convenience of the interviewee
and without restraint or interference by CMLS.
B. Upon the written request of an authorized representative of the
Assistant Attorney General in charge of the Antitrust Division, CMLS
shall submit written reports or interrogatory responses, under oath
if requested, relating to any of the matters contained in this Final
Judgment as may be requested.
C. No information or documents obtained by the means provided in this
section shall be divulged by the United States to any person other than
an authorized representative of the executive branch of the United States,
except in the course of legal proceedings to which the United States
is a party (including grand jury proceedings), or for the purpose of
securing compliance with this Final Judgment, or as otherwise required
by law.
D. If, at the time information or documents are furnished by CMLS
to the United States, CMLS represents and identifies in writing the
material in any such information or documents to which a claim of protection
may be asserted under Rule 26(c)(1)(G) of the Federal Rules of Civil
Procedure, and CMLS marks each pertinent page of such material, "Subject
to claim of protection under Rule 26(c)(1)(G) of the Federal Rules of
Civil Procedure," then the United States shall give CMLS ten calendar
days notice prior to divulging such material in any legal proceeding
(other than a grand jury proceeding).
VIII. RETENTION OF JURISDICTION
This Court retains jurisdiction to enable any party to this Final
Judgment to apply to this Court at any time for further orders and directions
as may be necessary or appropriate to carry out or construe this Final
Judgment, to modify any of its provisions, to enforce compliance, and
to punish violations of its provisions.
IX. NO LIMITATION ON GOVERNMENT RIGHTS
Nothing in this Final Judgment shall limit the right of the United
States to investigate and bring actions to prevent or restrain violations
of the antitrust laws concerning any Rule or practice adopted or enforced
by CMLS.
X. EXPIRATION OF FINAL JUDGMENT
Unless this Court grants an extension, this Final Judgment shall expire
ten years from the date of its entry.
XI. PUBLIC INTEREST DETERMINATION
Entry of this Final Judgment is in the public interest. The parties
have complied with the requirements of the Antitrust Procedures and
Penalties Act, 15 U.S.C. § 16, including making copies available
to the public of this Final Judgment, the Competitive Impact Statement,
and any comments thereon and the United States' responses to comments.
Based upon the record before the Court, which includes the Competitive
Impact Statement and any comments and response to comments filed with
the Court, entry of this Final Judgment is in the public interest.
Date: August 26, 2009
Charleston, South Carolina |
Court approval subject to procedures set
forth
in the Antitrust Procedures and Penalties Act,
15 U.S.C. § 16 |
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_______________/s/________________
Sol Blatt, Jr.
United States District Judge |
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