| Christopher M. Ries |
United States Department of Justice
325 Seventh St., NW Suite 342
Washington, D.C. 20530
Attorney for the United States of America
DISTRICT OF OREGON
Plaintiff, United States of America, hereby requests that the Court enter the proposed order terminating the Partial Final Judgment entered in United States v. Greater Portland Convention Association, Inc., et al., Civil No. 70-310, 1971 Trade Cas. (CCH) ¶73,731 (D.Or. 1971) on November 29, 1971 ("Partial Final Judgment") and the Final Judgment entered in United States v. Greater Portland Convention Association, Inc., et al., Civil No. 70-310, 1973 Trade Cas. (CCH) ¶74,614 (D.Or. 1973) on September 14, 1973 ("Final Judgment"). In accordance with this Court's October 30, 2007 Order, the notice and public comment process has been completed as follows:
Accordingly, pursuant to its October 30, 2007 Order, this Court may rule in favor the Defendants' motion to terminate if it determines that termination serves the public interest. Where the government has consented to termination, the focus of the public interest determination is on whether there is a "likelihood of potential future violation, rather than the mere possibility of a violation." United States v. International Business Machines Corp, 163 F.3d 737, 742 (2d Cir. 1998). In this context, if the government reasonably has explained why there is "no current need for" the constraints imposed by a decree, termination will serve "the public interest in 'free and unfettered competition as the rule of trade.'" United States v. Loew's Inc., 783 F. Supp. 211, 214 (S.D.N.Y. 1992) (quoting N. Pac. Ry. v. United States, 356 U.S. 1, 4 (1958)). A proposed order terminating the decrees is attached as Exhibit A.
Dated: this 24 day of April, 2008
CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of April, 2008, I caused a copy of the foregoing Request to Enter Order Terminating the Partial Final Judgment and the Final Judgment to be served on counsel for defendants via ECF for ECF filing users and at the addresses given below:
Counsel for Defendant Hilton Hotels Corp.
Counsel for Successor in Interest Starwood Hotels and Resorts, Worldwide, Inc.
Counsel for Successor in Interest Portland Oregon Visitors Association
MICHAEL A. COHEN