This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

DAILY GAZETTE COMPANY,

and

MEDIANEWS GROUP, INC.,

                  Defendants.


)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)         

Civil Action No. 2:07-0329

Judge Copenhaver

Magistrate Judge Stanley

Filed: 05/26/2010



CERTIFICATE OF COMPLIANCE WITH PROVISIONS OF
THE ANTITRUST PROCEDURES AND PENALTIES ACT

Plaintiff United States of America, by the undersigned attorneys, hereby certifies that, in compliance with the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) ("APPA" or "Tunney Act"), the following procedures have been followed in preparation for the entry of the Final Judgment herein:

  1. The United States and defendants stipulated to the entry of the proposed Final Judgment and the Stipulation and proposed Final Judgment were filed with the Court on January 20, 2010 (Docket # 200). A revised proposed Final Judgment was filed with the Court on February 26, 2010 (Docket # 211).
  2. Pursuant to 15 U.S.C. § 16(b), the United States filed a Competitive Impact Statement with the Court on January 20, 2010 (Docket # 201).
  3. Pursuant to 15 U.S.C. § 16(b), the Stipulation, proposed Final Judgment, and Competitive Impact Statement were published in the Federal Register on March 11, 2010. See 75 Fed. Reg. 11682.
  4. 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 March 10, 2010 and ending March 16, 2010, and in the Charleston Gazette and Charleston Daily Mail, newspapers of general circulation in Charleston, West Virginia, for seven days beginning March 4, 2010 and ending March 11, 2010.
  5. Pursuant to 15 U.S.C. § 16(b), copies of the Stipulation, proposed Final Judgment, and Competitive Impact Statement were furnished to all persons requesting them and were made available to the public on the Antitrust Division's Internet site.
  6. Pursuant to 15 U.S.C. § 16(g), on March 1, 2010, defendant Daily Gazette Company filed with the Court its disclosure statement concerning 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 (Docket # 213). On March 1, 2010, defendant MediaNews Group, Inc. (now known as Affiliated Media, Inc.) filed with the Court its disclosure statement concerning 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 (Docket # 212).
  7. The sixty-day comment period for this matter 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 May 15, 2010.
  8. The United States received no comments from the public on the proposed Final Judgment.
  9. The parties in this action have now satisfied all the requirements of the APPA, 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 15 U.S.C. § 16(e) and to enter the proposed Final Judgment.


    Respectfully submitted,


CHARLES T. MILLER
United States Attorney

_s/Stephen M. Horn__
Assistant United States Attorney
Attorney for the United States (WVSB 1788)
P.O. Box 1713
Charleston, WV 25326
Telephone: 304-345-2200
Fax: 304-347-5443
E-mail: steve.horn@usdoj.gov
_s/Bennett J. Matelson__
Bennett J. Matelson
William H. Jones II
Mark A. Merva
Matthew J. Bester
Deborah Roy

Attorneys for the United States
U.S. Department of Justice
Antitrust Division
450 Fifth Street, N.W.
Suite 4000
Washington, D.C. 20530
Telephone: (202) 616-5871
Fax: (202) 514-7308
E-mail: Bennett.Matelson@usdoj.gov

Dated: May 26, 2010