UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, STATE OF CALIFORNIA, COMMONWEALTH OF KENTUCKY, STATE OF MICHIGAN, STATE OF NORTH CAROLINA, STATE OF OHIO, COMMONWEALTH OF PENNSYLVANIA, and STATE OF TEXAS, Plaintiffs, v. REPUBLIC SERVICES, INC., and ALLIED WASTE INDUSTRIES, INC., Defendants.
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| CASE NO.: 1:2008CV02076 JUDGE: Hon. Richard W. Roberts
DECK TYPE: Antitrust
DATE STAMP: July 16, 2009
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CERTIFICATE OF COMPLIANCE WITH PROVISIONS OF THE ANTITRUST PROCEDURES AND PENALTIES ACT Plaintiff, United States of America, by the undersigned attorney, hereby certifies that, in compliance with the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), the following procedures have been followed in preparation for the entry of final judgment in the above-captioned matter herein: - Plaintiff and defendants have stipulated to the entry of the proposed Final Judgment in a Hold Separate Stipulation and Order ("Hold Separate Order") filed with the Court on December 3, 2008.
- The proposed Final Judgment was filed with the Court on December 3, 2008.
- The Competitive Impact Statement was filed with the Court on December 3, 2008.
- Pursuant to 15 U.S.C. § 16(b), the proposed Final Judgment and Competitive Impact Statement were published in the Federal Register on December 16, 2008. See United States v. Republic Services, Inc. et al, 73 Fed. Reg. 76,383 (2008).
- Pursuant to 15 U.S.C. § 16(b), copies of the proposed Final Judgment and Competitive Impact Statement were furnished to all persons requesting them and made available on the Antitrust Division's Internet site, as were the Complaint and Hold Separate Order.
- Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the proposed Final Judgment and Competitive Impact Statement were published in The Washington Post, a newspaper of general circulation in the District of Columbia, for seven days beginning on December 31, 2008, and ending on January 6, 2009.
- As noted in the Competitive Impact Statement, there were no determinative materials or documents within the meaning of 15 U.S.C. § 16(b) that were considered by the United States in formulating the proposed Final Judgment, so none were furnished to any person pursuant to 15 U.S.C. § 16(b) or listed pursuant to 15 U.S.C. § 16(c).
- As required by 15 U.S.C. § 16(g), defendants, on April 24, 2009, filed with the Court descriptions of written or oral communications by or on their behalf with any officer or employee of the United States concerning or relevant to the proposed Final Judgment.
- The sixty-day comment period for the receipt and consideration of written comments specified in 15 U.S.C. §§ 16(b)(d) commenced on January 7, 2009, and terminated on March 9, 2009. During that period, the United States received five comments on the proposed Final Judgment and filed its Response to Public Comments on May 14, 2009. The comments and Response were published in the Federal Register on June 16, 2009.
- The parties have satisfied all the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)(h), that were conditions for entering the proposed Final Judgment. The Court may now enter the Final Judgment if the Court determines pursuant to 15 U.S.C. § 16(e) that entry of the Final Judgment is in the public interest.
Dated: July 16, 2009
| _______________/s/________________ Stephen A. Harris United States Department of Justice Antitrust Division Litigation II Section 450 Fifth Street, NW, Suite 8700 Washington, DC 20530 (202) 514-4901 |
CERTIFICATE OF SERVICE I, Stephen A. Harris, hereby certify that on July 16, 2009, I caused a copy of the foregoing Certificate of Compliance with Provisions of the Antitrust Procedures and Penalties Act to be served by electronic filing on Republic Services, Inc. and Allied Waste Industries, Inc., and plaintiffs the State of California, Commonwealth of Kentucky, State of Michigan, State of North Carolina, State of Ohio, Commonwealth of Pennsylvania, and the State of Texas by mailing the document electronically to the duly authorized legal representatives as follows: Edward B. Schwartz Shearman & Sterling LLP 801 Pennsylvania Ave., N.W. Suite 900 Washington, DC 20004 Tel.: (202) 508-8150 Fax: (202) 508-8100 Email: edward.schwartz@shearman.com Counsel for Defendant Republic Services, Inc. Richard J. Favretto John Roberti Mayer Brown LLP 1909 K Street, NW Washington, D.C. 20006-1101 Tel.: (202) 263-3428 Fax: (202) 762-4228 Email: jroberti@mayerbrown.com Counsel for Defendant Allied Waste Industries, Inc. Nicole S. Gordon Deputy Attorney General 455 Golden Gate Avenue San Francisco, CA 94102 Tel.: (415) 703-5702 Fax: (415) 703-5480 Email: nicole.gordon@doj.ca.gov Counsel for Plaintiff State of California C. Terrell Miller Assistant Attorney General Consumer Protection Division 1024 Capital Center Drive Frankfort, KY 40601 Tel.: (502) 696-5389 Fax: (502) 573-8317 Email: Terrell.Miller@ag.ky.gov Counsel for Plaintiff Commonwealth of Kentucky M. Elizabeth Lippitt Assistant Attorney General Consumer Protection Division Antitrust Section Attorneys for the State of Michigan G. Mennen Williams Building, 6th Floor 525 W. Ottawa Street Lansing, Michigan 48913 Tel.: (517) 335-0855 Fax: 517-335-1935 Email: Lippitte@michigan.gov Counsel for Plaintiff State of Michigan K. D. Sturgis Assistant Attorney General North Carolina Department of Justice 9001 Mail Service Center Raleigh, NC 27699-9001 Tel.: (919) 716.6000 Fax: 919-716-6050 Email: KSturgis@ncdoj.gov Counsel for Plaintiff State of North Carolina Jennifer L. Pratt Chief, Antitrust Section Office of the Ohio Attorney General 150 East Gay St., 23rd Floor Columbus, Ohio 43215 Tel: (614) 466-4328 Fax: (614) 995-0266 Email: Jpratt@ag.state.oh.us Counsel for Plaintiff State of Ohio James A. Donahue, III Chief Deputy Attorney General Antitrust Section 14th Floor, Strawberry Square Harrisburg, PA 17120 Telephone: (717) 787-4530 Facsimile: (717) 705-7110 E-mail: jdonahue@attorneygeneral.gov Counsel for Plaintiff Commonwealth of Pennsylvania Kim Van Winkle Texas Bar No. 24003104 Antitrust Division Office of the Attorney General P.O. Box 12548 Austin, TX 78711-2548 Tel.: (512) 463-1266 Fax: (512) 320-0975 Email: Kim.Vanwinkle@oag.state.tx.us Counsel for Plaintiff State of Texas
| _______________/s/________________ Stephen A. Harris (NJ Bar No. 020201999) United States Department of Justice Antitrust Division, Litigation II Section 450 Fifth Street, NW Suite 8700 Washington, DC 20530 Tel.: (202) 514-4901 Fax: (202) 307-6583 Email: stephen.harris@usdoj.gov |
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