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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,      
STATE OF CONNECTICUT,
STATE OF IOWA,
STATE OF MARYLAND,
STATE OF MICHIGAN,
STATE OF MISSOURI,
STATE OF OHIO, and
STATE OF TEXAS,   

                  Plaintiffs,

                  v.

AMERICAN EXPRESS COMPANY,
AMERICAN EXPRESS TRAVEL
RELATED SERVICES COMPANY, INC.,   
MASTERCARD INTERNATIONAL
INCORPORATED, and VISA INC.,

                  Defendants.

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Civil Action
No. CV-10-4496

(Garaufis, J.)
(Pollak, M.J.)

Filed: October 4, 2010


STIPULATION

It is stipulated by and between MasterCard International Incorporated ("MasterCard"), Visa Inc. ("Visa"), the United States, and the States of Connecticut, Iowa, Maryland, Michigan, Missouri, Ohio, and Texas (collectively the "Stipulating Parties"), by their respective attorneys, that:

1. The Court has jurisdiction over the subject matter of this action and over MasterCard and Visa, and venue of this action is proper in the United States District Court for the Eastern District of New York.

2. The Stipulating Parties stipulate that a Final Judgment in the form attached hereto as Exhibit A may be filed with and entered by the Court, upon the motion of any Stipulating Party or upon the Court's own motion, at any time after compliance with the requirements of the Antitrust Procedures and Penalties Act (15 U.S.C. ยง 16), and without further notice to any Stipulating Party or other proceedings, provided that the United States has not withdrawn its consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on MasterCard and Visa and by filing that notice with the Court. Defendants MasterCard and Visa agree to arrange, at their expense, publication as quickly as possible of the newspaper notices required by the APPA. The publication shall be arranged no later than five (5) calendar days after they receive from the United States the text of the notices and the identity of the newspapers within which the publication shall be made. Defendants MasterCard and Visa shall promptly send to the United States (1) confirmation that publication of the newspaper notices has been arranged, and (2) the certification of the publication prepared by the newspapers within which the notices were published.

3. Defendants MasterCard and Visa shall abide by and comply with the provisions of the proposed Final Judgment, pending the Judgment's entry by the Court, or until expiration of time for all appeals of any Court ruling declining entry of the proposed Final Judgment, and shall, from the date of the signing of this Stipulation by the Stipulating Parties, comply with all the terms and provisions of the proposed Final Judgment as though the same were in full force and effect as an order of the Court.

4. This Stipulation shall apply with equal force and effect to any amended proposed Final Judgment agreed upon in writing by the Stipulating Parties and submitted to the Court.

5. In the event (1) the United States has withdrawn its consent, as provided in Paragraph 2 above, or (2) the proposed Final Judgment is not entered pursuant to this Stipulation, the time has expired for all appeals of any Court ruling declining entry of the proposed Final Judgment, and the Court has not otherwise ordered continued compliance with the terms and provisions of the proposed Final Judgment, then the Stipulating Parties are released from all further obligations under this Stipulation, and the making of this Stipulation shall be without prejudice to any Stipulating Party in this or any other proceeding.

FOR PLAINTIFF
UNITED STATES OF AMERICA

_______________/s/________________
John R. Read
U.S. Department of Justice
Antitrust Division, Litigation III Section
450 5th Street, NW., Suite 4000
Washington, DC 20530
(202) 305-9969

Dated: October 1, 2010

FOR DEFENDANT
VISA INC.

_______________/s/________________
Jonathan Gleklen
Arnold & Porter LLP
555 Twelfth Street, NW
Washington, DC 20004-1206
(202) 942-5454

Dated: October 1, 2010

FOR DEFENDANT
MASTERCARD INTERNATIONAL INCORPORATED

_______________/s/________________
Joseph J. Simons
Paul, Weiss, Rifkind, Wharton &
Garrison LLP
2001 K Street, NW
Washington, DC 20006-1047
(202) 223-7370

Dated: October 1, 2010

PLAINTIFF
STATE OF CONNECTICUT

RICHARD BLUMENTHAL
ATTORNEY GENERAL

By: _______________/s/________________
Michael E. Cole
Chief, Antitrust Department
Rachel O. Davis
Assistant Attorneys General
Antitrust Department
55 Elm Street, P.O. Box 120
Hartford, CT 06141-0120
Tel: (860) 808-5040
Fax: (860) 808-5033

STAT OF IOWA
Thomas J. Miller
Attorney General of Iowa

_______________/s/________________
Layne M. Lindebak
Assistant Attorney General
Special Litigation Division
Iowa Department of Justice
Hoover Office Building- Second Floor
1305 East Walnut Street
Des Moines, Iowa 50319
Phone: 515 281-7054
Fax: 515 281-4902
Email: Layne.Lindebak@iowa.gov

 
 

DOUGLAS F. GANSLER
MARYLAND ATTORNEY GENERAL

_______________/s/________________
Ellen S. Cooper
Assistant Attorney General
Chief, Antitrust Division

_______________/s/________________
Gary Honick
Assistant Attorney General
Office of the Attorney General
Antitrust Division
200 St. Paul Place, 19th Floor
Baltimore, Maryland 21202
Tel. # (410) 576-6470
Fax # (410) 573-7830

 

STATE OF MICHIGAN
MICHAEL A. COX
Attorney General

_______________/s/________________
D.J. Pascoe(P54041)
Assistant Attorney General
Michigan Department of Attorney General
Corporate Oversight Division
Securities, Antitrust, and Business Section
G. Mennen Williams Building, 6th Floor
525 W. Ottawa Street
Lansing, Michigan 48933
Telephone: (517) 373-1160
Fax: (517) 335-6755
pascoed1@michigan.gov

FOR THE STATE OF MISSOURI

_______________/s/________________
CHRIS KOSTER
Attorney General

ANNE E. SCHNEIDER
Assistant Attorney General/Antitrust Counsel
ANDREW M. HARTNETT
Assistant Attorney General

P.O. Box 899
Jefferson City, MO 65102
Tel: (575) 751-7445
Tel: (573) 751-2041 (facsimile)
E-mail: Anne.Schneider@ago.mo.gov

ATTORNEY GENERAL OF THE STATE OF OHIO

Richard Cordray
Attorney General of Ohio

Jennifer L. Pratt
Section Chief, Antitrust Section

_______________/s/________________
Mitchell L. Gentile
Principal Attorney, Antitrust Section
Patrick E. O'Shaughnessy
Senior Assistant Attorney General, Antitrust Section
Office of the Ohio Attorney General
150 E. Gay Street, 23rd Floor
Columbus, Ohio 43215
(614) 466-4328
(614) 955-0266 (fax)

 
 

GREGG ABBOTT
Attorney General of Texas

DANIEL T. HODGE
First Assistant Attorney General

BILL COBB
Deputy Attorney General for Civil Litigation

JOHN T. PRUD'HOMME
Assistant Attorney General
Chief, Antitrust Division

_______________/s/________________
KIM VAN WINKLE
Assistant Attorney General
State Bar No. 24003104

BRET FULKERSON
State Bar No. 24032209

Office of the Attorney General of Texas
P.O. Box 12548
Austin, Texas 78711-2548
512/463-1266 (Telephone)
512/320-0975 (Facsimile)