UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
UNITED STATES OF AMERICA and the State of Arizona Plaintiffs, v. Arizona Hospital and Healthcare Association and AzHHA Service Corporation, Defendants.
| | | | | | | | | | | | | | | |
| CASE NO. CV07-1030-PHX-JAT UNITED STATES' CERTIFICATE OF COMPLIANCE WITH TUNNEY ACT |
UNITED STATES' CERTIFICATE OF COMPLIANCE WITH TUNNEY ACT 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: - 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)
- On July 26, 2007, the defendant submitted a certificate of compliance with the requirements of 15 U.S.C. § 16(g). (Dkt #10)
- Pursuant to 15 U.S.C. § 16(b), the Competitive Impact Statement was filed with the Court on May 22, 2007. (Dkt #3)
- 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.
- 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.
- 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.
- 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.
Dated: September 7, 2007
| /s/ Ryan Danks RYAN DANKS STEVEN KRAMER SETH A. GROSSMAN REBECCA PERLMUTTER Attorneys Litigation I Section United States Department of Justice Antitrust Division 1401 H Street NW, Suite 4000 Washington, DC 20530 (202) 307-0001 Attorneys for the United States |
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:
| Nancy Bonnell, Antitrust Unit Chief, ID #016382 Consumer Protection and Advocacy Section Department of Law Building, Room #259 1275 West Washington Street Phoenix, AZ 85007-2997 (602) 542-7728 Attorney for the State of Arizona Andrew S. Gordon Coppersmith Gordon Schermer & Brockelman PLC 2800 North Central Avenue, Suite 1000 Phoenix, AZ 85004 (602) 381-5460 Facsimile: (602) 224-6020 Attorney for the Defendants |
| /s/ Ryan Danks Ryan Danks United States Department of Justice Antitrust Division |
|