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 the proposed Final Judgment in the above-captioned matter herein:

1. Plaintiffs and defendants stipulated to the entry of the proposed Final Judgment on June 10, 2008, and this Stipulation was filed with the Court on June 10, 2008;

2. The proposed Final Judgment was filed with the Court on June 10, 2008;

3. The Competitive Impact Statement was filed with the Court on June 10, 2008;

4. The Stipulation, proposed Final Judgment, and Competitive Impact Statement were published in the Federal Register on June 27, 2008 see 73 Fed. Reg. 36,557 (2008);

5. 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, beginning on July 9, 2008 and continuing on consecutive days through July 15, 2008 (see attachment A);

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

7. The defendants jointly filed with the Court their descriptions of written or oral communications by or on behalf of the defendants, or any other person, with any officer or employee of the United States concerning the proposed Final Judgment, as required by 15 U.S.C. § 16(g), on June 16, 2008;

8. 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, commenced on July 16, 2008 and ended on September 13, 2008;

9. As of the date of this certificate of compliance, the United States has received no comments on the proposed Final Judgment. Accordingly, it was not necessary for the United States to file any Response of the United States to Comments with the Court, or to publish any comments or Response in the Federal Register, pursuant to 15 U.S.C. § 16(d); and

10. 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 determination required by 15 U.S.C. § 16(e) and to enter the proposed Final Judgment.