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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,   

                  Plaintiff,

                  v.

SAPA HOLDING AB, and
INDALEX HOLDINGS FINANCE, INC.    

                  Defendants.

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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 matter herein:

  1. 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.
  2. The proposed Final Judgment was filed with the Court on July 30, 2009.
  3. The Competitive Impact Statement was filed with the Court on July 30, 2009.
  4. 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.
  5. 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.
  6. 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, 2009.
  7. 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).
  8. 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.
  9. 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 Final Judgment.
  10. 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

   

Respectfully submitted,
_______________/s/________________
John F. Greaney
MD Bar No. 8701010036
United States Department of Justice
Antitrust Division
Litigation II Section
Liberty Square Building
450 Fifth Street, NW, Suite 8700
Washington, D.C. 20530
(202) 305-9965