STATES DISTRICT COURT
DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
FIAT S.p.A., FIAT ACQUISITION
CORPORATION, NEW HOLLAND N.V., NEW
HOLLAND NORTH AMERICA, INC., and
CASE NUMBER: 1:99CV0297|
JUDGE: James Robertson
DECK TYPE: Antitrust
DATE STAMP: 11/04/1999
UNITED STATES' EXPLANATION OF CONSENT
The United 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) ("APPA"), which applies to civil antitrust cases
brought and settled by the United States.
- Today, the United States has filed 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
following the United States's compliance with the APPA.
- The United States will within 10 days file a Competitive Impact Statement relating
to the proposed Judgment [15 U.S.C. § 16(b)].
- The APPA requires that the United States publish the proposed Final Judgment
and the Competitive Impact Statement in the Federal Register and in certain
newspapers at least sixty (60) days prior to entry of the Final Judgment. The notice will
inform members of the public that they may submit comments about the Final Judgment
to the United States Department of Justice, Antitrust Division [15 U.S.C. §§ 16(b)-(c)].
- 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's responses in the Federal Register.
- After the expiration of the sixty-day period, the United States will file with the Court
the comments, if any and the United States's responses, and it may ask the Court to
enter the Final Judgment (unless the United States has decided to withdraw its consent
to entry of the Judgment, as permitted by Section IV(A) of the Hold Separate Stipulation
and Order) [see 15 U.S.C.§ 16(d)].
- If the United States requests that the Court enter the Final Judgment after
compliance with the APPA, 15 U.S.C. §§ 16(e)-(f), the Court may enter the Judgment
without a hearing, if it finds that the Final Judgment is in the public interest.
Dated: November 4th, 1999.
U.S. Department of Justice
1401 H Street, NW, Suite 3000
Washington, D.C. 20530