| NOTICE OF FILING A PROPOSED FINAL JUDGMENT PURSUANT TO THE
ANTITRUST PROCEDURES AND PENALTIES ACT
The United States submits this Notice summarizing the procedures regarding the Court's
entry of the proposed Final Judgment. The proposed Final Judgment would settle this case pursuant
to the Antitrust Procedures and Penalties Act ("Act"), 15 U.S.C. § 16(b)-(h), which applies to civil
antitrust cases brought and settled by the United States. Under the Act, the Final Judgment is not
to be entered until the United States certifies compliance with the requirements of the Act and the
Court concludes that entry of the Final Judgment is in the public interest.
Today, the United States has filed a civil antitrust Complaint charging the Federation of
Certified Surgeons and Specialists, Inc., and Pershing Yoakley & Associates, P.C., with violating
Section 1 of the Sherman Act. Also filed with the Complaint are a proposed Final Judgment, a
Competitive Impact Statement, and Stipulations between the parties by which the defendants agree
to the Court's entry of the proposed Final Judgment following compliance with the Act. The
Competitive Impact Statement reflects the Act's requirement of filing a competitive impact
statement explaining the nature of the case and the proposed relief.
Under the Act, the United States must publish the proposed Final Judgment and the
Competitive Impact Statement in the Federal Register and publish for 7 days over a period of 2
weeks a summary of these pleadings in newspapers of general circulation in the Middle District of
Florida and the District of Columbia. The Act provides for a 60-day period after publication for the
public to submit comments to the Department of Justice regarding the proposed Final Judgment.
The Act provides that the Department shall publish in the Federal Register, and file with the Court,
any comments received and the Department's response to such comments. The defendants are
required to file a description of certain communications with the government within 10 days after
a proposed final judgment is filed. See 15 U.S.C. § 16(g).
Once all of the Act's requirements have been met, the United States will promptly file with
the Court a Certificate of Compliance with the Act and a Motion for Entry of the Final Judgment
(unless the United States decides to withdraw its consent to entry of the Final Judgment, as permitted
by Paragraph 2 of the Stipulations). At that time, pursuant to Section 16(e)-(f) of the Act, the Court
may enter the Final Judgment without a hearing, if it finds the Final Judgment is in the public
DATED January 26, 1999.
UNITED STATES OF AMERICA
CHARLES R. WILSON
United States Attorney
Affirmative Civil Enforcement Coordinator
Assistant United States Attorney
Florida Bar No. 285706
400 North Tampa Street, Suite 3200
Tampa, FL. 33602
Tel: (813) 274-6332
Facsimile: (813) 274-6198
DENISE E. BIEHN
EDWARD D. ELIASBERG, JR.
Florida Bar No. 005725
U.S. Dept. of Justice
325 Seventh St. N.W., Room 409
Washington, D.C. 20530
Tel: (202) 307-0808
Facsimile: (202) 514-1517