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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA



UNITED STATES OF AMERICA,

                          Plaintiff,

                  v.

DAIRY FARMERS OF AMERICA,          
et al.,

                          Defendants.

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Civil Action No. 00-1663


UNITED STATES' CERTIFICATE OF COMPLIANCE WITH THE
PROVISIONS OF THE ANTITRUST PROCEDURES AND PENALTIES ACT

The United States of America hereby certifies that it has complied with the provisions of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. §§ 16(b)-(h), and states:

1. The proposed Final Judgment and the Stipulation and Order in this case were filed on May 18, 2000. The United States' Competitive Impact Statement was filed on June 30, 2000.

2. Pursuant to 15 U.S.C. § 16(b), the proposed Final Judgment, Stipulation and Order and Competitive Impact Statement were published in the Federal Register on July 19, 2000 (65 Fed. Reg. 44,820). (A copy of that Federal Register notice is attached as Exhibit A.)

3. Pursuant to 15 U.S.C. § 16(b), the United States furnished copies of the Complaint, proposed Final Judgment, Stipulation and Order, and Competitive Impact Statement to anyone requesting them.

4. Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the proposed Final Judgment and the Competitive Impact Statement were published in:

a) The Washington Post, a newspaper of general circulation in the District of Columbia, during the period of July 26, 2000, through August 1, 2000; and

b) The Philadelphia Inquirer, a newspaper of general circulation in the greater Philadelphia metropolitan area, during the period of August 2, 2000, through August 8, 2000.

(Proof of publication from The Washington Post and The Philadelphia Inquirer appears in Exhibits B and C, respectively.)

5. Pursuant to 15 U.S.C. §§ 16(b) and (d), the sixty (60) day comment period for the receipt and consideration of written comments, during which the proposed Final Judgment could not be entered, has terminated.

6. As of the date of this Certificate of Compliance, the United States has received no comments concerning the proposed Final Judgment.

7. Defendants have complied with the requirements of 15 U.S.C. § 16(g).

8. The parties have now fulfilled their obligations under the APPA. Pursuant to the Stipulation and Order filed on May 18, 2000, and 15 U.S.C. § 16(e), the Court may now enter the proposed Final Judgment if it determines that the Judgment is in the public interest.

9. For the reasons set forth in the Competitive Impact Statement filed on June 30, 2000, and given the lack of any public comments thereto, the United States strongly believes that the proposed Final Judgment is in the public interest under the standard set forth in 15 U.S.C. § 16(e), and that the Court should enter it promptly.

    Respectfully submitted,


  ____________________________
Mark J. Botti
    Assistant Chief, Litigation II Section
Nora W. Terres
John David Donaldson
    Attorneys

Litigation II Section
U.S. Department of Justice
1401 H Street, N.W.
Suite 4000
Washington, DC 20530
202-307-0827

Dated: October 4, 2000