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

Filing 211

MEMORANDUM OF LAW in Support re: 210 MOTION for Entry of Judgment under Rule 54(b) and 15 U.S.C. § 16(b)-(h).. Document filed by Unites States of America. (Attachments: # 1 Exhibit A - Proposed Penguin Final Judgment, # 2 Exhibit B - Certificate of Compliance)(Fleming, Stephanie)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
__________________________________________
)
UNITED STATES OF AMERICA,
)
)
Plaintiff,
) Civil Action No. 12-CV-2826 (DLC)
)
v.
)
) ECF Case
APPLE, INC., et al.,
)
)
Defendants.
)
__________________________________________)
CERTIFICATE OF COMPLIANCE WITH PROVISIONS
OF THE ANTIRUST PROCEDURES AND PENALTIES ACT
Plaintiff United States of America, by the undersigned attorneys, certifies that it has
complied with the provisions of the Antitrust Procedures and Penalties Act, 15 U.S.C.
§ 16(b)-(d) (“APPA” or “Tunney Act”) and states:
1.

The proposed Final Judgment as to Defendants The Penguin Group, a division of

Pearson PLC, and Penguin Group (USA), Inc. (“proposed Penguin Final Judgment”) and
Competitive Impact Statement were filed on December 18, 2012 (Docket Nos. 162-63);
2.

Pursuant to 15 U.S.C. § 16(b), the proposed Penguin Final Judgment and

Competitive Impact Statement were published in the Federal Register on December 31, 2012,
see United States v. Apple, Inc., et al., 77 Fed. Reg. 77094;
3.

Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the proposed Penguin

Final Judgment and Competitive Impact Statement were published in The Washington Post for
seven days beginning on December 23, 2012 and ending on December 29, 2012 and in the New
York Post for seven days beginning on December 27, 2012 and ending on January 4, 2013;

4.

The 60-day comment period specified in 15 U.S.C. § 16(b) commenced on

January 4, 2013 and ended on March 5, 2013;
5.

The United States received and responded to three comments on the proposed

Penguin Final Judgment. The comments and the Response to Comments were posted on the
Antitrust Division’s website at http://www.justice.gov/atr/cases/apple/index-1.html and filed
with the Court on April 5, 2013 (Docket No. 201). Pursuant to 15 U.S.C. § 16(d) and with the
Court’s authorization (Docket No. 200), the Response to Comments and the above location on
the Antitrust Division’s website at which the three public comments are accessible were
published in the Federal Register on April 15, 2013, see 78 Fed. Reg. 22298;
6.

Pursuant to 15 U.S.C. § 16(g), Penguin filed with the Court on April 15, 2013

(Docket No. 204) a description of communications by or on behalf of Penguin with any officer
or employee of the United States concerning or relevant to the proposed Penguin Final
Judgment;
7.

Pursuant to the Stipulation filed on December 18, 2012, and 15 U.S.C. § 16(e),

the Court may enter the proposed Penguin Final Judgment after it determines that the proposed
Final Judgment serves the public interest;
8.

The United States’ Competitive Impact Statement and Response to Comments

demonstrate that the proposed Penguin Final Judgment satisfies the public interest standard of 15
U.S.C. § 16(e); and
9.

Penguin and the United States have now satisfied all of the requirements of the

Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), as a condition for entering the

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proposed Penguin Final Judgment, and it is now appropriate for the Court to make the necessary
public interest determination required by 15 U.S.C. § 16(e) and enter the proposed Penguin Final
Judgment.
Dated: April 18, 2013
Respectfully submitted,

s/Mark W. Ryan
Mark W. Ryan
Lawrence E. Buterman
Stephanie A. Fleming
Attorneys for the United States
United States Department of Justice
Antitrust Division
450 Fifth Street, NW, Suite 4000
Washington, DC 20530
[phone]
[e-mail]

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