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

Filing 218

MEMORANDUM OPINION & ORDER re: #103160 215 AMENDED MOTION to File Amicus Brief (per docket #215). filed by Bob Kohn. Kohn's April 29, 2013 motion for leave to file an amicus curiae response is granted. Kohn's proposed response isaccepted. (Signed by Judge Denise L. Cote on 4/30/2013) (mt) Modified on 5/2/2013 (jab).

,I:

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
12 Civ. 2826 (DLC)
Plaintiff,
MEMORANDUM OPINION
& ORDER

-v-

APPLE,

INC., et al.,
Defendants.

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DENISE COTE, District Judge:
On April 29, 2013, non-party Bob Kohn ("Kohn") filed a
motion for leave to file a five-page amicus curiae response to
the U.S. Department of Justice's (the "Government") Tunney Act
filings as to defendant The Penguin Group, a division of Pearson
PLC and Penguin Group (USA), Inc.

(collectively,

"Penguin").

For the following reasons, the motion is granted.
On December 18, 2013 the Government submitted a proposed
final judgment as to Penguin ("Penguin Final Judgment"), as well
as a Competitive Impact Statement pursuant to Section 2(b) of
the Tunney Act, 15 U.S.C.

§§

16(b)-(h), which invited public

comment on the Penguin Final Judgment.

Kohn filed a 33-page

submission during the public comment period.
The Government filed its response to the public comments on
April 5 and, pursuant to a Scheduling Order of January 7,
submitted a motion for entry of the Penguin Final Judgment on

April 18.

Submissions in response to the motion by parties to

the litigation are due May 3.
Under Section 16(e) of the Tunney Act, the district court
must determine in advance whether the entry of an antitrust
consent decree is "in the public interest."

15 U.S.C.

In making this determination, the Court "may

§

16(e)

. authorize

full or limited participation in proceedings before the court by
interested persons or agencies, including appearance amicus
curiae, intervention as a party pursuant to the Federal Rules of
Civil Procedure,

. or participation in any other manner and

extent which serves the public interest as the court may
determine appropriate."

15 U.S.C.

discretion under this provision,

§

16(f).

In exercising its

"the court must consider

whether the intervention will unduly delay or prejudice the
adjudication of the original parties' rights."
24.

Fed. R. Civ. P.

In accordance with these principles, Kohn's five-page

response to the Government's Tunney Act filings is accepted.

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CONCLUSION
Kohn's April 29, 2013 motion for leave to file an amicus
curiae response is granted.

Kohn's proposed response is

accepted.

SO ORDERED:
Dated:

New York, New York
April 30, 2013

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