Certificate of Compliance with Provisions of the Antitrust Procedures and Penalties Act

CERTIFICATE OF COMPLIANCE WITH PROVISIONS OF THE ANTITRUST
PROCEDURES AND PENALTIES ACT

Plaintiff United States of America, by the undersigned attorneys, hereby certifies that, in compliance with the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) ("APPA" or "Tunney Act"), the following procedures have been followed in preparation for the entry of final judgment in the above-captioned matter:

1. The United States, the States of Arizona, Arkansas, California, Florida, Illinois, Iowa, Louisiana, Nebraska, Nevada, Ohio, Oregon, Rhode Island, Tennessee, Texas, and Wisconsin, and the Commonwealths of Massachusetts and Pennsylvania (the "Plaintiff States"), and defendants stipulated to the entry of the proposed Final Judgment on January 25, 2010, and this stipulation was filed with the Court on January 25, 2010.

2. The States of New Jersey and Washington joined the Plaintiff States as part of an Amended Complaint filed January 28, 2010, and stipulated to entry of the proposed Final Judgment in a stipulation filed with the Court on January 28, 2010.

3. The proposed Final Judgment was filed with the Court on January 25, 2010; a revised version adding the States of New Jersey and Washington, but otherwise identical to the version filed January 25, 2010, was filed with the Court today alongside this Certificate.

4. The Competitive Impact Statement was filed with the Court on January 25, 2010.

5. The proposed Final Judgment and Competitive Impact Statement was published in the Federal Register on February 10, 2010, see 75 Fed. Reg. 6,709 (2010).

6. 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 consecutive days beginning on February 26, 2010, and ending on March 4, 2010.

7. Copies of the Hold Separate Stipulation and Order, proposed Final Judgment, and Competitive Impact Statement were furnished to all persons requesting them and made available on the Antitrust Division's Internet site.

8. As required by 15 U.S.C. §16(g), defendants jointly filed with the Court on February 12, 2010, 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 May 3, 2010.

10. The United States received twelve comments on the proposed Final Judgment. The United States filed its Response to Public Comments and the comments themselves with this Court on June 21, 2010. As approved by the Court in a Minute Order dated June 15, 2010, pursuant to 15 U.S.C. § 16(d)(2), the United States published the Response and the comments without attachments or exhibits in the Federal Register on June 29, 2010, see 75 Fed. Reg. 37652 (2010), and posted complete versions of the comments with attachments and exhibits on the Antitrust Division's website at http://www.justice.gov/atr/cases/ticket.htm on June 21, 2010.

11. The parties have now satisfied all the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), as a condition for entering the proposed Final Judgment, and it is now appropriate for the Court to make the necessary public interest determinations required by 15 U.S.C. § 16(e) and to enter the proposed Final Judgment.