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

Filing 286

MEMORANDUM OF LAW in Support re: 285 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 Macmillan Final Judgment, # 2 Exhibit B - Certificate of Compliance)(Fairchild, Stephen)

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 ANTITRUST 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 Verlagsgruppe Georg von

Holtzbrinck GmbH and Holtzbrinck Publishers, LLC d/b/a Macmillan (“proposed Macmillan
Final Judgment”) and Competitive Impact Statement were filed on February 8, 2013 (Docket
Nos. 174-75);
2.

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

Competitive Impact Statement were published in the Federal Register on February 25, 2013, see
United States v. Apple, Inc., et al., 78 Fed. Reg. 12874;
3.

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

Final Judgment and Competitive Impact Statement were published in the Washington Post and
the New York Post for seven days beginning on February 21, 2013 and ending on February 27,
2013;

4.

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

February 27, 2013 and ended on April 28, 2013;
5.

The United States received and responded to one comment on the proposed

Macmillan Final Judgment. The comment and the Response to Comments were posted on the
Antitrust Division’s website at http://www.justice.gov/atr/cases/apple/index-2.html and filed
with the Court on May 24, 2013 (Docket No. 261). Pursuant to 15 U.S.C. § 16(d) and with the
Court’s authorization (Docket No. 260), the Response to Comments and the above location on
the Antitrust Division’s website at which the public comment is accessible were published in the
Federal Register on June 4, 2013, see 78 Fed. Reg. 33437;
6.

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

(Docket No. 202) a description of communications by or on behalf of Macmillan with any officer
or employee of the United States concerning or relevant to the proposed Macmillan Final
Judgment;
7.

Pursuant to the Stipulation filed on February 8, 2013, and 15 U.S.C. § 16(e), the

Court may enter the proposed Macmillan 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 Macmillan Final Judgment satisfies the public interest standard of
15 U.S.C. § 16(e); and
9.

Macmillan 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
proposed Macmillan Final Judgment, and it is now appropriate for the Court to make the

2

necessary public interest determination required by 15 U.S.C. § 16(e) and enter the proposed
Macmillan Final Judgment.
Dated: June 12, 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]

3