This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site.  For an official signed copy, please contact the Antitrust Documents Group.



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



UNITED STATES OF AMERICA,
Antitrust Division
Department of Justice
Washington, D.C. 20530,

                                    Plaintiff,

                  v.

THE HEARST TRUST
c/o The Hearst Corporation
959 Eighth Avenue
New York, NY 10019

and

THE HEARST CORPORATION,
959 Eighth Avenue
New York, NY 10019

                                    Defendants.


|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|         
Civil Action No. 1:01CV02119



STIPULATION

It is stipulated by and between the undersigned parties, by their respective attorneys, that:

(1)  the parties consent that the Court may file and enter a Final Judgment in the form attached to this Stipulation, on the Court's own motion or on the motion of any party at any time, and without further notice to any party or other proceedings, if Plaintiff has not withdrawn its consent, which it may do at any time before the entry of judgment by serving notice of its withdrawal on Defendants, The Hearst Trust and The Hearst Corporation, and filing that notice with the Court;

(2)  Defendants, The Hearst Trust and The Hearst Corporation, waive any objection to venue or jurisdiction for purposes of this Final Judgment and authorize Kenneth A. Gallo, Esq., of Clifford Chance Rogers & Wells to accept service of all process in this matter on their behalf; and

(3)  in the event Plaintiff withdraws its consent or if the proposed Final Judgment is not entered pursuant to this Stipulation, this Stipulation shall be of no effect whatever and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.

(4)  The entry of Final Judgment in accordance with this Stipulation settles, discharges, and releases any and all claims of Plaintiff, the United States, for civil penalties pursuant to Section 7A(g)(1) of the Clayton Act, 15 U.S.C. § 18a(g)(1), against Defendants and any officer, director, employee or trustee of Defendants, for failure to comply with Section 7A of the Clayton Act, 15 U.S.C. §18a, in connection with Defendants' 1998 acquisition of Medi-Span.

Dated:     10/10/01    

FOR THE DEFENDANTS:

_______________/s/________________
Kenneth A. Gallo
Clifford Chance Rogers and Wells
2001 K Street, NW
Washington, D.C. 20006
Counsel for Defendants The Hearst Trust and The Hearst Corporation

FOR THE PLAINTIFF:

_______________/s/________________
Charles A. James
Assistant Attorney General















Department of Justice
Antitrust Division
Washington, D.C. 20530

_______________/s/________________
Melvin H. Orlans

_______________/s/________________
Daniel P. Ducore
D.C. Bar No. 933721
Assistant Director

_______________/s/________________
Eric D. Rohlck
D.C. Bar No. 419660
Attorney

_______________/s/________________
Kenneth M. Davidson
D.C. Bar No. 970772
Attorney

Bureau of Competition
Federal Trade Commission
600 Pennsylvania Ave. NW
Washington, D.C. 20580
(202) 326-2687