FOR THE DISTRICT OF COLUMBIA
PLAINTIFF'S CERTIFICATE OF COMPLIANCE WITH
The United States of America hereby certifies that it has complied with the provisions of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) ("APPA"), and states:
1. The Complaint, proposed Final Judgment ("PFJ"), and Hold Separate Stipulation and Order ("Hold Separate Order"), by which the parties have agreed to the Court's entry of the Final Judgment following compliance with the APPA, were filed on May 21, 2010. The United States also filed a Competitive Impact Statement on May 21, 2010;
2. Pursuant to 15 U.S.C. § 16(b), the PFJ, Hold Separate Order, and Competitive Impact Statement were published in the Federal Register on June 3, 2010, Volume 75, Number 106, beginning on page 31465 (a copy of which is attached as Exhibit 1);
3. Pursuant to 15 U.S.C. §16(b), the United States has furnished copies of the Complaint, Hold Separate Order, PFJ, and Competitive Impact Statement to anyone who requested them;
4. Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the PFJ, Hold Separate Stipulation and Order, and Competitive Impact Statement was published in The Washington Post, a newspaper of general circulation in the District of Columbia, during a seven-day period lasting from May 28, 2010, through June 3, 2010. A copy of the Proof of Publication from The Washington Post is attached hereto as Exhibit 2;
5. As required by 15 U.S.C. § 16(g), on July 13, 2010 the defendant filed with the Court a description of any written or oral communications made by or on behalf of the defendant, or any other person, with any officer or employee of the United States concerning the PFJ;
6. The 60-day comment period, specified in 15 U.S.C. § 16(b) commenced on June 3, 2010 and terminated on August 2, 2010. During that period, the United States did not receive any public comments on the PFJ.
7. With the United States having published its proposed settlement without receiving public comments and the defendants having certified their presettlement contacts with government officials, the parties have fulfilled their obligations under the APPA. Pursuant to the Stipulation and Order filed and entered by the Court on May 21, 2010, and 15 U.S.C. § 16(e), the Court may now enter the Final Judgment, if the Court determines that the entry of the Final Judgment is in the public interest; and
8. Plaintiff requests that this Court enter the Final Judgment without further hearings; further, the plaintiff is authorized by the defendants' counsel for defendants to state that defendants join in this request.
CERTIFICATE OF SERVICE
I, Gregg I. Malawer, hereby certify that on August 5, 2010, I caused copies of the foregoing Certificate of Compliance with the Antitrust Procedures and Penalties Act to be served in this matter in the manner set forth below:
By electronic mail:
Counsel of Record for Defendants
Marc E. Raven