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

Filing 89

DECLARATION of Stephanie A. Fleming in Support re: 88 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 Certificate of Compliance, # 2 Exhibit Proposed Final Judgment)(Fleming, Stephanie)

EXHIBIT 1

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
__________________________________________
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UNITED STATES OF AMERICA,
)
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Plaintiff,
)
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v.
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APPLE, INC.,
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Civil Action No. 12-CV-2826 (DLC)
HACHETTE BOOK GROUP, INC.,
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HARPERCOLLINS PUBLISHERS, L.L.C.,
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VERLAGSGRUPPE GEORG VON
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HOLTZBRINCK GMBH,
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HOLTZBRINCK PUBLISHERS, LLC
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d/b/a MACMILLAN,
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THE PENGUIN GROUP,
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A DIVISION OF PEARSON PLC,
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PENGUIN GROUP (USA), INC., and
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SIMON & SCHUSTER, INC.,
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Defendants.
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__________________________________________)
CERTIFICATE OF COMPLIANCE
WITH PROVISIONS OF THE ANTITRUST PROCEDURES AND PENALTIES ACT

Plaintiff United States of America (“United States”), by the undersigned attorney, hereby
certifies that, in compliance with the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h)
(“Tunney Act”), the following procedures have been followed in preparation for the entry of the
Final Judgment herein:
1.

Plaintiff and Defendants Hachette Book Group, Inc., HarperCollins Publishers

L.L.C. and Simon & Schuster, Inc. (collectively “Settling Defendants”) stipulated to entry of the
proposed Final Judgment, and the Stipulation and proposed Final Judgment were filed with the Court
on April 11, 2012. (Docket No. 04).

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2.

Pursuant to 15 U.S.C. § 16(b), the United States filed a Competitive Impact

Statement (“CIS”) with the Court on April 11, 2012. (Docket No. 05).
3.

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

were published in the Federal Register on April 24, 2012. See United States v. Apple, et al., 77

Fed. Reg. 24518.
4.

Pursuant to 15 U.S.C. § 16(c), summaries of the terms of the proposed Final

Judgment and CIS, together with directions for the submission of written comments relating to
the proposed Final Judgment, were published in two newspapers of general circulation, The New
York Post and The Washington Post, for seven days beginning on April 20, 2012 and ending on
April 26, 2012.
5.

Pursuant to 15 U.S.C. § 16(b), copies of the Stipulation, proposed Final Judgment,

and CIS were furnished to all persons requesting them and were made available to the public on the
Antitrust Division’s Internet website.
6.

Pursuant to 15 U.S.C. § 16(g), on April 19, 2012, HarperCollins Publishers L.L.C.

(“HarperCollins”) filed with the Court its disclosure statement concerning written or oral
communications by or on behalf of HarperCollins, or any other person, with any officer or employee
of the United States concerning the proposed Final Judgment. (Docket No. 16). On April 20, 2012,
Simon & Schuster, Inc. (“S&S”) filed with the Court its disclosure statement concerning written or
oral communications by or on behalf of S&S, or any other person, with any officer or employee of
the United States concerning the proposed Final Judgment. (Docket No. 19). On the same day,
Hachette Book Group, Inc. (“Hachette”) filed with the Court its disclosure statement concerning
written or oral communications by or on behalf of Hachette, or any other person, with any officer or
employee of the United States concerning the proposed Final Judgment. (Docket No. 26).
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7.

On June 7, 2012, the United States filed with the Court an application, pursuant to 15

U.S.C. § 16(d), to excuse Federal Register publication of voluminous public comments, with the
understanding that the United States would concurrently seek to publish in the Federal Register the
relevant internet address at which comments could be read and downloaded. On June 11, 2012, the
Court granted the United States leave to do so. (Docket No. 60).
8.

The sixty-day comment period for this matter prescribed by 15 U.S.C. § 16(b) and (d)

for the receipt and consideration of written comments, during which the proposed Final Judgment
could not be entered, ended on June 25, 2012.
9.

The United States received 868 timely submitted comments from the public on the

proposed Final Judgment.
10.

Pursuant to 15 U.S.C. §§ 16(b) and (d), on July 23, 2012, the United States filed with

the Court the public comments received and the United States’ Response to those public comments.
(Docket No. 81).
11.

Pursuant to 15 U.S.C. §§ 16(b) and (d), and the Court’s June 11, 2012 Order, the

United States published in the Federal Register its Response to Public Comments, as well as a link to
the Antitrust Division website where comments could be viewed and downloaded. See United

States v. Apple, et al., 77 Fed. Reg. 44271. The complete set of public comments may be found on
the Department of Justice’s website at the following address:
http://www.justice.gov/atr/cases/apple/index.html.

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12.

The parties in this action have now satisfied all the conditions required by the Tunney

Act prior to moving for entry of the proposed 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 to enter the
proposed Final Judgment.

Dated: August 3, 2012

Respectfully submitted,

/s/
Stephanie A. Fleming
United States Department of Justice
Antitrust Division
450 Fifth Street, N.W., Suite 4000
Washington, DC 20530
[phone]
[e-mail]
Attorney for Plaintiff United States of America

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