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United States' Explanation Of Consent Decree Procedures : U.S. And Plaintiff States V. AMC Entertainment Holdings, Inc. And Kerasotes Showplace Theatres, LLC

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
 

UNITED STATES OF AMERICA,

STATE OF ILLINOIS,

STATE OF COLORADO,

and

STATE OF INDIANA,

   

                  Plaintiffs,

                  v.

AMC ENTERTAINMENT HOLDINGS, INC.,   

and

KERASOTES SHOWPLACE
THEATRES, LLC,

                  Defendants.
 

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Civil Action No.:

Judge:

Case: 1:10-cv-00846
Assigned To: Kennedy, Henry H.
Assigned Date: 5/21/2010
Description: Antitrust



UNITED STATES' EXPLANATION OF CONSENT DECREE PROCEDURES

The United States and Plaintiff 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 Complaint, 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 after the United States has complied with the APPA. The United States has also filed a Competitive Impact Statement relating to the proposed Final Judgment.
  2. The APPA requires that the United States cause the proposed Final Judgment and the Competitive Impact Statement to be published in the Federal Register and in certain newspapers at least sixty (60) days prior to entry of the proposed Final Judgment. The notice will inform members of the public that they may submit comments about the proposed Final Judgment to the United States Department of Justice, Antitrust Division, 15 U.S.C. § 16(b)-(c).
  3. 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' responses in the Federal Register.
  4. After the expiration of the sixty-day period, the United States will file with the Court the comments and the United States' responses, and it may ask the Court to enter the proposed Final Judgment (unless the United States has decided to withdraw its consent to entry of the Final Judgment, as permitted by Section IVA of the Hold Separate Stipulation and Order, see 15 U.S.C. § 16(d)).
  5. If the United States requests that the Court enter the proposed Final Judgment after compliance with the APPA, 15 U.S.C. § 16(e)-(f), then the Court may enter the Final Judgment without a hearing, provided that it concludes that the Final Judgment is in the public interest.

Dated: May 21, 2010

 
    Respectfully submitted,
 
    _______________/s/________________
Gregg I. Malawer (DC Bar No. 481685)
Trial Attorney, Litigation III
U.S. Department of Justice
Antitrust Division
450 5th St. NW, Suite 4000
Washington, DC 20530
Tel: (202) 616-5943

 

Updated January 12, 2023