Unites States of America v. Apple, Inc. et al

Filing 166

NOTICE of Proposed Schedule for Penguin Tunney Act Review. Document filed by Unites States of America. (Fairchild, Stephen)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
__________________________________________
)
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
Civil Action No. 1:12-CV-2826
v.
)
)
ECF Case
APPLE, INC., et al.,
)
)
Defendants.
)
__________________________________________)
PLAINTIFF UNITED STATES’ PROPOSED SCHEDULE
FOR PENGUIN TUNNEY ACT REVIEW
On December 18, 2012, the United States filed a proposed Final Judgment as to
Defendants Penguin Group (USA), Inc. and The Penguin Group, a division of Pearson plc
(collectively “Penguin”), and a stipulation by the United States and Penguin to the entry of the
proposed Final Judgment after compliance with the requirements of the Antitrust Procedures and
Penalties Act (“Tunney Act”), 15 U.S.C. § 16. Pursuant to the Court’s December 19, 2012
Order, the United States proposes the following schedule for the completion of the Tunney Act
requirements:
1.

The United States anticipates that the Federal Register and newspaper publication

requirements of 15 U.S.C. §§ 16(b) and (c) will be completed by January 4, 2013, which will
begin the sixty-day public comment period prescribed by 15 U.S.C. §§ 16(b) and (d). The public
comment period will end on or about March 5, 2013. The United States will file the comments it
receives and its Response to Comments by no later than April 5, 2013.

2.

After Federal Register publication of the Response to Comments and the

comments themselves (or, if the volume of public comments warrants and with the permission of
the Court, posting of the comments on the Department of Justice’s website, see
15 U.S.C. §§ 16(b) and (d)), the United States will move for entry of the proposed Final
Judgment by no later than April 19, 2013.
3.

Should the Court request additional briefing on the United States’ motion for

entry of the proposed Final Judgment, the United States proposes that party responses to the
United States’ motion for entry of the proposed Final Judgment be filed by no later than May 3,
2013 and the United States’ reply in support of its motion for entry of the proposed Final
Judgment be filed by no later than May 10, 2013.

Dated: January 3, 2013
Respectfully submitted,

___/s/ Mark W. Ryan___________
Mark W. Ryan
Lawrence E. Buterman
Attorneys for the United States
United States Department of Justice
Antitrust Division
450 Fifth Street, N.W., Suite 4000
Washington, D.C. 20530
[phone]
[e-mail]

2

CERTIFICATE OF SERVICE
I, Stephen Fairchild, hereby certify that on January 3, 2013, I caused a copy of Plaintiff
United States’ Proposed Schedule for Penguin Tunney Act Review to be served by the Electronic
Case Filing System, which included the individuals listed below.
For Apple:
Daniel S. Floyd
Gibson, Dunn & Crutcher LLP
333 S. Grand Avenue, Suite 4600
Los Angeles, CA 90070
[phone]
[e-mail]

For Hachette:
Walter B. Stuart, IV
Freshfields Bruckhaus Deringer LLP
601 Lexington Avenue
New York, NY 10022
[phone]
[e-mail]

For Macmillan and Verlagsgruppe Georg
Von Holtzbrinck GMBH:
Joel M. Mitnick
Sidley Austin LLP
787 Seventh Avenue
New York, NY 10019
[phone]
[e-mail]

For HarperCollins:
Paul Madison Eckles
Skadden, Arps, Slate, Meagher & Flom
Four Times Square, 42nd Floor
New York, NY 10036
[phone]
[e-mail]

For Penguin U.S.A. and the Penguin Group:
Daniel F. McInnis
Akin Gump Strauss Hauer & Feld, LLP
1333 New Hampshire Avenue NW
Washington, DC 20036
[phone]
[e-mail]

For Simon & Schuster:
Yehudah Lev Buchweitz
Weil, Gotshal & Manges LLP (NYC)
767 Fifth Avenue, 25th Floor
New York, NY 10153
[phone] x8256
[e-mail]

Additionally, courtesy copies of Plaintiff United States’ Proposed Schedule for Penguin
Tunney Act Review have been provided via e-mail to the following:

For the State of Connecticut:
W. Joseph Nielsen
Assistant Attorney General
Antitrust Division
Office of the Attorney General
55 Elm Street
Hartford, CT 06106
[phone]
[e-mail]
For the Private Plaintiffs:
Jeff D. Friedman
Hagens Berman
715 Hearst Ave., Suite 202
Berkeley, CA 94710
[phone]
[e-mail]

For the State of Texas:
Gabriel R. Gervey
Assistant Attorney General
Antitrust Division
Office of the Attorney General of Texas
300 W. 15th Street
Austin, Texas 78701
[phone]
[e-mail]

s/ Stephen T. Fairchild
Stephen T. Fairchild
Attorney for the United States
United States Department of Justice
Antitrust Division
450 Fifth Street, N.W., Suite 4000
Washington, D.C. 20530
[phone]
[e-mail]