Certificate of Compliance with Provisions of the Antitrust Procedures and Penalties Act
FOR THE DISTRICT OF COLUMBIA
CERTIFICATE OF COMPLIANCE WITH PROVISIONS
Plaintiffs, United States of America, State of Missouri, and State of Nebraska, hereby certify 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:
1. Plaintiffs 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 November 30, 2010.
2. The proposed Final Judgment was filed with the Court on November 30, 2009.
3. The Competitive Impact Statement was filed with the Court on January 20, 2010.
4. Pursuant to 15 U.S.C. §16(b), the proposed Final Judgment and Competitive Impact Statement were published in the Federal Register on February 1, 2010. United States, et al. v. Stericycle, Inc., et al., 75 Fed. Reg. 5120, 2010 WL 334369.
5. 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 Department of Justice Antitrust Division's internet site, as were the Complaint and Hold Separate Order.
6. Pursuant to 15 U.S.C. §16(c), a summary of the terms of the proposed Final Judgment was published in The Washington Post, a newspaper of general circulation in the District of Columbia, for seven days beginning on February 7, 2010 and ending on February 13, 2010. 7. 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).
8. As required by 15 U.S.C. §16(g), defendant Stericycle, Inc., on December 17, 2009, and defendant MedServe, Inc., on April 20, 2010, filed with the Court a description of written or oral communications by or on behalf of each defendant, or any other person, with any officer or employee of the United States concerning the proposed Final Judgment.
9. The sixty-day comment period prescribed by 15 U.S.C. § 16(b) and (d) for the receipt and consideration of written comments, during which the proposed Final Judgment could not be entered, ended on April 14, 2010. The United States did not receive any comments on the proposed Final Judgment.
10. 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: April __29_, 2010