United States' Certificate of Compliance with Tunney Act

Ryan Danks
Steven Kramer
Seth Grossman
Rebecca Perlmutter
U.S. Department of Justice Antitrust Division
1401 H Street NW, Suite 4000
Washington, DC 20530
(202) 307-0001
      Attorneys for the United States

Plaintiff the United States hereby certifies that it has complied with the provisions of Section 5 of the Clayton Act, as amended by Section 2 of the Antitrust Procedures and Penalties Act (codified at 15 U.S.C. §§ 16(b)-(h) ("Tunney Act")), and states:

1. Pursuant to 15 U.S.C. § 16(b), a proposed Final Judgment against the Defendants, and a Stipulation consenting to the entry of the proposed Final Judgment after compliance with the requirements of the Tunney Act, were filed with the Court on May 22, 2007. (Dkt #2)
2. On July 26, 2007, the defendant submitted a certificate of compliance with the requirements of 15 U.S.C. § 16(g). (Dkt #10)
3. Pursuant to 15 U.S.C. § 16(b), the Competitive Impact Statement was filed with the Court on May 22, 2007. (Dkt #3)
4. Pursuant to 15 U.S.C. § 16(b), the proposed Final Judgment and the Competitive Impact Statement were published in the Federal Register on June 4, 2007, at 72 Fed. Reg. 30832-845 (2007). A copy of the Federal Register Notice is attached as Exhibit 1.
5. Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the proposed Final Judgment and the Competitive Impact Statement were published in The Washington Post for seven consecutive days, from June 13, 2007, through June 19, 2007. This notice was also published in the Arizona Republic for seven consecutive days, from June 17, 2007, through June 23, 2007. Copies of the Proofs of Publication from The Washington Post and the Arizona Republic are attached as Exhibits 2 and 3.
6. The 60-day period for public comments on the proposed Final Judgment, specified in 15 U.S.C. § 16(d), commenced on June 23, 2007, and expired on August 22, 2007.
7. The United States received no comments on the proposed Final Judgment.

Pursuant to the Stipulation filed on May 22, 2007, this Court may enter the proposed Final Judgment after it determines that the proposed Final Judgment satisfies the public interest standard of 15 U.S.C. § 16(e). The United States' Competitive Impact Statement (Dkt #3) demonstrates that the proposed Final Judgment is in the public interest.

CERTIFICATE OF SERVICE

I hereby certify that on September 7, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants, and further provided copies to the registrants via electronic mail: