Tunney Act Report And Certification Of Compliance With Tunney Act Requirements On Behalf Of Defendant Concord EFS, Inc. : U.S., Et Al., V. First Data Corporation And Concord EFS, Inc.

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EXHIBIT 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


UNITED STATES OF AMERICA, et al.    

                  Plaintiffs,

                  v.

FIRST DATA CORPORATION and CONCORD   
EFS, INC.,

                  Defendants.


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Civil Action No. 1:03CV02169 (RMC)

Filed: October 23, 2003



TUNNEY ACT REPORT AND CERTIFICATION
OF COMPLIANCE WITH TUNNEY ACT REQUIREMENTS
ON BEHALF OF DEFENDANT CONCORD EFS, INC.

Pursuant to Section 2(g) of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(g) (the "Tunney Act"), Defendant, Concord EFS, Inc. ("Concord") hereby certifies that to the best of its knowledge and belief (1) there were no written or oral communications by or on behalf of Concord with any officer or employee of the United States concerning or relevant to the proposed Final Judgment filed in this action on December 15, 2003, except for communications solely between counsel for Concord with employees of the Department of Justice which are excluded from the reporting requirements of § 16(g) of the Tunney Act, and (2) Concord has fully complied with the requirements of Section 2(g) of the Tunney Act.

Pursuant to 28 U.S.C. § 1746, I certify under penalty of perjury that the foregoing is true and correct.

Executed on December 23, 2003.

  CONCORD EFS, INC.,

_______________/s/________________
Stephen R. Patton, pro hac vice
James H. Mutchnik, pro hac vice
KIRKLAND & ELLIS, LLP
200 E. Randolph
Chicago, IL 60601
Telephone: 312.861.2000

Mark L. Kovner, DC Bar No. 430431
KIRKLAND & ELLIS, LLP
655 Fifteenth Street, N.W.
Washington, D.C. 20005-5793
Telephone: 202.879.5000


CERTIFICATE OF SERVICE

I, Kenneth J. Sturek, hereby certify that on this 23rd day of December, 2003, I caused a true and correct copy of the foregoing:

TUNNEY ACT REPORT AND CERTIFICATION OF COMPLIANCE WITH TUNNEY ACT REQUIREMENTS ON BEHALF OF DEFENDANT CONCORD EFS, INC.

to be served in PDF format via e-mail, on the following persons:

Craig W. Conrath, Esq.
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
Networks & Technology Enforcement Section
600 E Street, N.W.
Washington, DC 20530
craig.conrath@usdoj.gov

Joshua H. Soven, Esq.
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
Networks & Technology Enforcement Section
600 E Street, N.W.
Washington, DC 20530
joshua.soven@usdoj.gov

Christopher Hockett, Esq.
BINGHAM MCCUTCHEN LLP
Three Embarcadero Center
San Francisco, CA 94111-4067
chris.hockett@bingham.com

Rebecca Fisher, Esq.
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548
Austin, TX 78711-2548
rebecca.fisher@oag.state.tx.us



Don Resnikoff, Esq.
DISTRICT OF COLUMBIA
Office of the Corporation Counsel
Civil Division
441 - 4th Street, N.W.
Washington, DC 20001
don.resnikoff@dc.gov

Lawrence R. Fullerton
D.C. Bar No. 251264
Sidley Austin Brown & Wood LLP
150 IK Street, N.W.
Washington, D.C. 20005
lfullerton@sidley.com




  _______________/s/________________
Kenneth J. Sturek
Updated August 14, 2015

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