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

Filing 4

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Stipulation Concerning Entry of PROPOSED Final Judgment as to Defendants Hachette, HarperCollins, and Simon & Schuster, After Compliance with the APPA. Document filed by Unites States of America. (Attachments: # 1 Exhibit PROPOSED Final Judgment as to Defendants Hachette, HarperCollins, and Simon & Schuster)(Fairchild, Stephen) Modified on 4/12/2012 (ka).

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
__________________________________________
)
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
v.
)
)
APPLE, INC.,
)
Civil Action No. 1:12-CV-2826
HACHETTE BOOK GROUP, INC.,
)
HARPERCOLLINS PUBLISHERS L.L.C.,
)
VERLAGSGRUPPE GEORG VON
)
HOLTZBRINCK GMBH,
)
HOLTZBRINCK PUBLISHERS, LLC
)
d/b/a MACMILLAN,
)
THE PENGUIN GROUP,
)
A DIVISION OF PEARSON PLC,
)
PENGUIN GROUP (USA), INC., and
)
SIMON & SCHUSTER, INC.,
)
)
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 of this action 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, 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provided that the United States has not withdrawn its consent, which it may do at any time before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 the Defendants and by
filing that notice with the Court. The Defendants agree to arrange, at their 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 three (5)
business days after the Defendants’ receipt from the United States of the text of the notice and
the identity of the newspaper within which the publication shall be made. The Defendants 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.

The Defendants 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 (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 the defendants are released from all further

2

CERTIFICATE OF SERVICE
I, Stephen T. Fairchild, hereby certify that on April 11, 2012, I caused a true and
correct copy of the foregoing Stipulation and attached Proposed Final Judgment to be
served via electronic mail on:

For Defendant Apple, Inc.:
Richard Parker
O’Melveny & Myers LLP
1625 Eye Street, NW
Washington, DC 20006
[e-mail]  

For Defendant Hachette Book Group, Inc.:
Paul Yde
Freshfields Bruckhaus Deringer LLP
701 Pennsylvania Avenue, NW
Suite 600
Washington, DC 20004-2692
[e-mail]

For Defendant HarperCollins Publishers L.L.C.:
Clifford H. Aronson
Skadden, Arps, Slate, Meagher
& Flom LLP
Four Times Square
New York, NY 10036-6522
[e-mail] 

For Defendants Verlagsgruppe Georg von
Holtzbrinck GmbH & Holtzbrinck Publishers,
LLC d/b/a Macmillan:
Joel M. Mitnick
Sidley Austin LLP
787 Seventh Avenue
New York, NY 10019
[e-mail]

For Defendants The Penguin Group, A
Division of Pearson PLC & Penguin Group
(USA) Inc.:
Daniel F. McInnis
Akin Gump Strauss Hauer & Feld LLP
1333 New Hampshire Avenue, NW
Washington, DC 20036-1564
[e-mail]
For Defendant Simon & Schuster, Inc.:
Helene D. Jaffe
Proskauer Rose LLP
Eleven Times Square
New York, NY 10036-8299
[e-mail] 

s/ Stephen T. Fairchild
Stephen T. Fairchild
United States Department of Justice
Antitrust Division
450 Fifth Street, NW, Suite 4000
Washington, D.C. 20530