US Department of Justice Antitrust Case Brief - 01612-212660

8/14/2019 US Department of Justice Antitrust Case Brief - 01612-212660

1/26

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

-NORFOLK DIVISION-

__________________________________________

)UNITED STATES OF AMERICA, )

)

Plaintiff, ) Civil No. 2:05 CV 468

)

v. )

) Filed: November 2, 2005

WASTE INDUSTRIES USA, INC., )

)

Defendant. ) Judge: Friedman

_________________________________________ )

UNITED STATES CERTIFICATE OF COMPLIANCE WITH

PROVISIONS OF THE ANTITRUST PROCEDURES AND PENALTIES ACT

The United States hereby certifies that it has complied with the provisions of the

Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)-(h) (APPA), and states:

1. The Complaint, proposed Final Judgment, Stipulation, and Competitive Impact

Statement were filed with this Court on August 8, 2005.

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

Impact Statement were published in the Federal Register on October 18, 2005 (70 Fed. Reg.

48590). A copy of the Federal Register notice is attached as Exhibit A.

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

Judgment and Competitive Impact Statement were published on seven (7) consecutive days

running from August 13, 2005 through August 19, 2005 in The Washington Post, a newspaper of

general circulation in the District of Columbia and in The Virginian-Pilot , a newspaper of

general circulation in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia

Beach, Virginia. Copies of the certificate of publication from The Washington Post and from


2/26

The Virginian-Pilot, respectively, are attached as Exhibit B.

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

August 18, 2005 and terminated on October 17, 2005.

5. During the 60-day comment period, the United States received no comments from

members of the public concerning the proposed Final Judgment.

6. Pursuant to 15 U.S.C. 16(b), the United States furnished copies of the proposed

Final Judgment and Competitive Impact Statement to anyone requesting them.

7. On August 15, 2005, the defendant complied with the requirement of 15 U.S.C.

16(g) when the defendant filed with the Court a statement indicating that it had not had any

communications concerning the proposed Final Judgment that were reportable under 15 U.S.C.

16(g).

8. With these steps having been taken, the parties have satisfied their obligations

under the APPA. Pursuant to the Stipulation filed on August 8, 2005, and 15 U.S.C. 16(e), the

Court may now enter the Final Judgment without further hearings, if it determines that entry of

the Final Judgment is in the public interest. For the reasons set forth in the Competitive Impact

Statement, the United States believes that the proposed Final Judgment satisfies the public

interest standard of 15 U.S.C. 16(e). The United States therefore requests


3/26

that this Court enter the Final Judgment without further hearings.

Dated: October 31, 2005

Respectfully submitted,

______/s/______________________

Lowell Stern

VA Bar No.33460

Leslie D. Peritz

PA Bar No. 87539

U.S. Department of Justice

Antitrust Division

Litigation II Section1401 H Street, N.W.

Suite 3000

Washington, D.C. 20530

(202) 307-0924


4/26

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was served upon Waste Industries USA, Inc.

by placing a copy of this Certificate of Compliance with Provisions of the Antitrust Procedures

and Penalties Act in the U.S. Mail, first class and postage prepaid, directed to the addresses

given below, this 1st day of November, 2005:

Counsel for Defendant Waste Industries USA, Inc.:

Benjamin N. Thompson, Esquire

Wyrick Robbins Yates & Ponton LLP

The Summitt

4101 Lake Boone Trail, Suite 300

Raleigh, NC 27607-7506

Dean T. Buckius, Esquire

Vandeventer Black, LLP500 World Trade Center

Norfolk, VA 23510-1699

______/s/___________________

Lowell Stern

VA Bar No. 33460

Leslie D. Peritz

PA Bar No. 87539

U.S. Department of Justice

Antitrust Division1401 H Street, NW, Suite 3000

Washington, D.C. 20530

(202) 307-0924


5/26


6/26


7/26


8/26


9/26


10/26


11/26


12/26


13/26


14/26


15/26


16/26


17/26


18/26


19/26


20/26


21/26


22/26


23/26


24/26


25/26


26/26

US Department of Justice Antitrust Case Brief - 01612-212660

Documents

Transcript of US Department of Justice Antitrust Case Brief - 01612-212660