UNITED STATES DISTRICT COURT|
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
SAPA HOLDING AB, and
INDALEX HOLDINGS FINANCE, INC.
| CASE NO.: 1:09-cv-01424
JUDGE: Hon. Richard J. Leon
DECK TYPE: Antitrust
DATE STAMP: January 7, 2010
CERTIFICATE OF COMPLIANCE WITH PROVISIONS
OF THE ANTITRUST PROCEDURES AND PENALTIES ACT
Plaintiff, United States of America, by the undersigned attorney, hereby
certifies that, in compliance with the Antitrust Procedures and Penalties
Act, 15 U.S.C. § 16(b)-(h), the following procedures have been
followed in preparation for the entry of final judgment in the above-captioned
- Plaintiff and defendants have stipulated to the entry of the proposed
Final Judgment in a Hold Separate Stipulation and Order ("Hold Separate
Order") filed with the Court on July 30, 2009.
- The proposed Final Judgment was filed with the Court on July 30,
- The Competitive Impact Statement was filed with the Court on July
- Pursuant to 15 U.S.C. §16(b), the proposed Final Judgment
and Competitive Impact Statement were published in the Federal Register
on August 20, 2009. United States v. Sapa Holdings AB, et al., 74
Fed. Reg. 42112, 2009 WL 2524428.
- Pursuant to 15 U.S.C. §16(b), copies of the proposed Final
Judgment and Competitive Impact Statement were furnished to all persons
requesting them and made available on the Department of Justice Antitrust
Division's internet site, as were the Complaint and Hold Separate Order.
- Pursuant to 15 U.S.C. §16(c), a summary of the terms of the
proposed Final Judgment was published in The Washington Post,
a newspaper of general circulation in the District of Columbia, for
seven days beginning on September 2, 2009 and ending on September 8,
- As noted in the Competitive Impact Statement, there were no
determinative materials or documents within the meaning of 15 U.S.C.
§16(b) that were considered by the United States in formulating
the proposed Final Judgment, so none were furnished to any person pursuant
to 15 U.S.C. §16(b) or listed pursuant to 15 U.S.C. §16(c).
- As required by 15 U.S.C. §16(g), defendant Sapa Holdings AB,
on August 7, 2009, and defendant Indalex Holdings Finance, Inc., on
November 25, 2009, filed with the Court a description of written or
oral communications by or on behalf of each defendant, or any other
person, with any officer or employee of the United States concerning
the proposed Final Judgment.
- The sixty-day comment period prescribed by 15 U.S.C. § 16(b)
and (d) for the receipt and consideration of written comments, during
which the proposed Final Judgment could not be entered, ended on November
7, 2009. The United States did not receive any comments on the proposed
- The parties have satisfied all the requirements of the Antitrust
Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), that were
conditions for entering the proposed Final Judgment. The Court may now
enter the Final Judgment if the Court determines pursuant to 15 U.S.C.
§16(e) that entry of the Final Judgment is in the public interest.
Dated: January _7_, 2010
John F. Greaney
MD Bar No. 8701010036
United States Department of Justice
Litigation II Section
Liberty Square Building
450 Fifth Street, NW, Suite 8700
Washington, D.C. 20530