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

Filing 174

NOTICE of Stipulation Concerning Entry of Proposed Final Judgment as to Macmillan Defendants After Compliance with the APPA. Document filed by Unites States of America. (Attachments: # 1 Text of Proposed Order Proposed Final Judgment as to Macmillan Defendants)(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.
)
__________________________________________)
STIPULATION
It is hereby stipulated and agreed by and between the undersigned parties, subject to
approval and entry by the Court, that:
1.

The Court has jurisdiction over the subject matter of this action and over each of

the parties hereto, and venue is proper in this Court.
2.

The parties stipulate that a Final Judgment in the form attached hereto may be

filed with and entered by the Court, upon the motion of any party or upon the Court’s own
motion, at any time after compliance with the requirements of the Antitrust Procedures and
Penalties Act (“APPA”), 15 U.S.C. § 16, and without further notice to any party or other
proceedings, provided that the United States has not withdrawn its consent, which it may do at
any time before the entry of the proposed Final Judgment by serving notice thereof on
Verlagsgruppe Georg von Holtzbrinck GmbH and Holtzbrinck Publishers, LLC d/b/a Macmillan
(those two entities collectively referred to herein as “Macmillan”) and by filing that notice with
the Court. Macmillan agrees to arrange, at its expense, publication as quickly as possible of the

newspaper notice required by the APPA, which shall be drafted by the United States in its sole
discretion. The publication shall be arranged no later than five (5) business days after
Macmillan’s receipt from the United States of the text of the notice and the identity of the
newspaper within which the publication shall be made. Macmillan shall promptly send to the
United States (a) confirmation that publication of the newspaper notice has been arranged, and
(b) the certification of the publication prepared by the newspaper within which the notice was
published.
3.

Macmillan shall abide by and comply with the provisions of the proposed Final

Judgment, pending the Judgment’s entry by the Court, or until expiration of time for all appeals
of any court ruling declining entry of the proposed Final Judgment, and shall, from the date of
the signing of this Stipulation by the parties, comply with all the terms and provisions of the
proposed Final Judgment as though the same were in full force and effect as an order of the
Court.
4.

This Stipulation shall apply with equal force and effect to any amended proposed

Final Judgment agreed upon in writing by the parties and submitted to the Court.
5.

In the event that: (a) the United States has withdrawn its consent, as provided in

Paragraph 2 above, or (b) the proposed Final Judgment is not entered pursuant to this Stipulation,
the time has expired for all appeals of any court ruling declining entry of the proposed Final
Judgment, and the Court has not otherwise ordered continued compliance with the terms and
provisions of the proposed Final Judgment, then Macmillan is released from all further
obligations under this Stipulation, and the making of this Stipulation shall be without prejudice
to any party in this or any other proceeding.
2