UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
PANDROL JACKSON LIMITED,
PANDROL JACKSON INC.
| Civil No: 99-CV-2706 (GK)
UNITED STATES' CERTIFICATE OF COMPLIANCE WITH
PROVISIONS OF THE ANTITRUST PROCEDURES AND PENALTIES
The United States of America hereby certifies that it has complied with provisions of the
Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C.§§16(b)-(h), and states:
For the reasons set forth in the Competitive Impact Statement, the United States
believes that the Judgment is in the public interest and that the Court
therefore should enter it.
- The Complaint and proposed Final Judgment ("Judgment") were filed on
October 14, 1999; and the Competitive Impact Statement was filed on November 8, 1999.
- Pursuant to 15 U.S.C.§16(b), the proposed Judgment and Competitive Impact
Statement were published in the Federal Register on November 26, 1999 (64 Fed. Reg.
A copy of the Federal Register notice is attached as Exhibit A.
- Pursuant to 15 U.S.C.§16(d), the United States furnished copies of the
Competitive Impact Statement to anyone requesting them.
- Pursuant to 15 U.S.C.§16(c), a summary of the terms of the proposed
and Competitive Impact Statement were published in the The Washington Post, a
general circulation in the District of Columbia. A copy of the certificate of publication from
Washington Post are attached as Exhibit B.
- During the 60-day comment period since publication of notice in the Federal
Register and The Washington Post, the United States received no comments on the
- The divestiture of the Switch and Crossing Grinding Assets to a purchaser
approved by the United States, as contemplated in Paragraph IV of the Judgment and agreed to
in the Hold Separate Stipulation and Order, has been accomplished
- With these steps having been taken, the parties have satisfied their obligations
under the APPA. Pursuant to the Stipulation filed on October 14, 1999, the court may now enter
the proposed Judgment, if it determines that the entry of the Judgment is in the public interest.
Dated: February 25, 2000
John F. Greaney, Esquire
U.S. Department of Justice
Litigation II Section
1401 H Street, N.W.
Washington, D.C. 20005
CERTIFICATION OF SERVICE
I hereby certify that a copy of the United States' Certificate of Compliance with the
Procedures and Penalties Act has been served upon Harsco Corporation, Pandrol Jackson
Limited, and Pandrol Jackson Inc. by U.S. Mail, directed to each of the above-named parties at
the addresses given below, this 25th day of February, 2000.
Counsel for Defendant Harsco
Dale Hershey, Esquire
Eckert Seamans Cherin & Mellott, LLC
600 Grant Street, 44th Floor
Pittsburgh, PA 15219
Counsel for Defendants Pandrol Jackson Limited
and Pandrol Jackson Inc.
Wayne Dale Collins, Esquire
Shearman & Sterling
599 Lexington Ave.
New York, NY 10022-6069
John F. Greaney
U.S. Department of Justice
1401 H Street, N.W. -- Suite 3000
Washington, D.C. 20530
Dated: February 25, 2000.