UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
CONSOLIDATED MULTIPLE
LISTING SERVICE, INC.,
Defendant.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case No. 3:08-CV-01786-SB
Filed: 05/04/2009
|
[PROPOSED] FINAL JUDGMENT
WHEREAS, Plaintiff, United States of America, filed its Complaint on May 2, 2008,
alleging that Defendant Consolidated Multiple Listing Service, Inc. ("CMLS") adopted rules and
practices that exclude competitors from and restrain competition in the Columbia, South
Carolina, real estate brokerage market in violation of Section 1 of the Sherman Act, 15 U.S.C.
§ 1, and Plaintiff and Defendant, by their respective attorneys, have consented to the entry of this
Final Judgment without trial or adjudication of any issue of fact or law, and without this Final
Judgment constituting any evidence against, or any admission by, any party regarding any issue
of fact or law;
WHEREAS, the United States requires CMLS to agree to certain procedures and
prohibitions for the purposes of preventing and remedying the loss of competition alleged in the
Complaint;
WHEREAS, CMLS agrees to be bound by the provisions of this Final Judgment pending
its approval by the Court;
WHEREAS, the purpose of this Final Judgment is the prompt and certain elimination of
barriers to new and innovative broker competitors and impediments to competition among
brokers in the Columbia area;
NOW THEREFORE, before any testimony is taken, without trial or adjudication of any
issue of fact or law, and upon consent of the parties, it is ORDERED, ADJUDGED, AND
DECREED:
I. JURISDICTION
This Court has jurisdiction over the subject matter of and each of the parties to this
action. The Complaint states a claim upon which relief may be granted against CMLS under
Section 1 of the Sherman Act, as amended, 15 U.S.C. § 1.
II. DEFINITIONS
As used in this Final Judgment:
- "Board" means CMLS's Board of Directors or Board of Trustees.
- "Broker-in-Charge" means a broker-in-charge as the term is defined under Title
40, Chapter 57 of the Code of Laws of South Carolina.
- "CMLS" means the Defendant, Consolidated Multiple Listing Service, Inc., its
predecessors, successors, subsidiaries, affiliates, partnerships, and joint ventures and all
directors, trustees, officers, employees, agents and representatives of the foregoing. The terms
"subsidiary," "affiliate," and "joint venture" refer to any Person in which there is or has been
partial (twenty percent or more) or total ownership or control between CMLS and any other
Person.
- "Department of Justice" means the United States Department of Justice, Antitrust
Division.
- "Including" means including, but not limited to.
- "Licensee" means a Person licensed as a broker or salesman under Title 40,
Chapter 57 of the Code of Laws of South Carolina and affiliated with a Member of CMLS.
- "Member" means an Owner who is entitled to receipt of or access to all products
and services that CMLS offers to any member or participant.
- "Membership" means being a Member of CMLS.
- "Owner" means a person who is or employs a Broker-in-Charge.
- "Person" means any natural person, corporation, company, partnership, joint
venture, firm, association, proprietorship, agency, board, authority, commission, office, or other
business or legal entity, whether private or governmental.
- "Rule" means any CMLS rule, bylaw, policy, standard, or guideline.
- The terms "and" and "or" have both conjunctive and disjunctive meanings.
III. APPLICABILITY
This Final Judgment applies to CMLS and all other persons in active concert or
participation with it who receive actual notice of this Final Judgment by personal service or
otherwise.
IV. PROHIBITED CONDUCT
- Subject to the provisions of Section VI of this Final Judgment, CMLS shall not
adopt, maintain, or enforce any Rule, or enter into or enforce any agreement or practice, that
directly or indirectly
- denies Membership in CMLS to any Owner who requests Membership in
CMLS;
- discriminates against or disadvantages any Member or Licensee based on
the Member's or Licensee's office location, pricing or commission rates,
business model, contractual forms or types used, or services or activities
the Member or Licensee performs or does not perform for any home buyer
or home seller;
- conditions CMLS's acceptance of any listing or its provision of any other
product or service to any Member or any Licensee on the Member's or
Licensee's pricing or commission rate or performance of or agreement to
perform any service or activity for any home buyer or home seller; or
- prohibits, restricts, or impedes any truthful advertising or marketing
activities of any home seller or discriminates against or disadvantages any
Member or Licensee for any truthful advertising or marketing activity in
which any home seller is engaged. For purposes of this provision, it is not
untruthful for a home seller who has entered an exclusive agency listing
agreement with a Member or Licensee to advertise his or her home in "For
Sale by Owner" or "FSBO" publications or on "For Sale by Owner" or
"FSBO" websites or to otherwise suggest to the public that the home seller
is selling his or her own home.
- CMLS shall not require any Owner who seeks to become a Member to pay, as a
condition of becoming a Member, initiation, application, or other fees that, individually or in the
aggregate, exceed the reasonably estimated cost incurred by CMLS in adding a new Member.
- CMLS shall not inquire into or request information about the actual or anticipated
business model, prices or commission rates charged or to be charged, or operations of (i) any
Owner who requests Membership in CMLS, (ii) any Member, or (iii) any Licensee, except as
necessary to ensure that the Owner, Member, or Licensee holds (or employs a person who holds)
the appropriate license under Title 40, Chapter 57 of the Code of Laws of South Carolina.
- CMLS shall not re-adopt or enforce any Rules or portions of Rules that it must
delete under Sections V.A or V.B of this Final Judgment or reverse or modify any modifications
to Rules or portions of Rules that it must modify under Section V.B of this Final Judgment.
V. REQUIRED CONDUCT
- Subject to the provisions of Section VI of this Final Judgment, CMLS shall delete
and cease to enforce any Rule, and discontinue any practice, that CMLS would be prohibited
from adopting, maintaining, or enforcing pursuant to Section IV of this Final Judgment.
- CMLS shall make the following specific changes to its Rules (all references are to
the December 2008 version of CMLS's Bylaws and to the January 2009 version of CMLS's
rules):
- CMLS shall modify Article III, Section 1 of its Bylaws as follows:
Current language:
"Those eligible for membership in CMLS shall consist of entities
and/or individuals holding a license to engage in the real estate
business within the Midlands of South Carolina which are
primarily in the real estate business within primary areas served by
the CMLS shall qualify for membership. The service areas include
the counties of Richland, Lexington, Saluda, Kershaw, Calhoun,
Newberry and Fairfield."
Modified language:
"Those eligible for membership in CMLS shall consist of Owners
who are or who employ Brokers-in-Charge holding licenses
allowing them to engage in the real estate business in South
Carolina."
- CMLS shall delete and cease to enforce the following portion of Article
III, Section 6 of its Bylaws:
"This application will include a thorough resume of the new
Member's Broker-in-Charge and owner. The prospective member
also agrees that a credit check may be required. The application
must be submitted to the CMLS office no later than two weeks
prior to the scheduled membership meeting."
- CMLS shall delete and cease to enforce the following portion of Article
IV of its Bylaws:
"RECOGNIZING THAT PROFESSIONAL REPRESENTATION
OF BOTH A BUYER AND A SELLER IS CRITICALLY
IMPORTANT IN ANY REAL ESTATE TRANSACTION, NO
PROPERTY SHALL BE LISTED WITH THE CMLS UNLESS
THE AGREEMENT BETWEEN THE SELLER AND LISTING
AGENT EXPRESSLY REQUIRES ACTIVE INVOLVEMENT
BY THAT AGENT IN THE SALE AND CLOSING OF THE
PROPERTY. FAILURE TO ABIDE BY THIS PRECEPT
SHALL CAUSE A PROPERTY TO BE DE-LISTED AND MAY
SUBJECT THE LISTING AGENT TO EXPULSION FROM
CMLS."
- CMLS shall modify Article XI of its Bylaws as follows:
Current language:
"Any dispute between Members relating to or arising out of
breaches or violations of the rules and regulations of the CMLS, or
between Members and buyers and sellers, arising out of the use of
the CMLS, shall be submitted for mediation as herein provided in
the Exclusive Right to Sell Contract."
Modified language:
"Any dispute between Members relating to or arising out of
breaches or violations of the rules and regulations of the CMLS
shall be submitted for mediation."
- CMLS shall modify a portion of Definition 8 ("Listing Agreement") as
follows:
Current language:
"CMLS allows the entry of Exclusive Right to Sell and Exclusive
Agency into the CMLS database, as adopted and approved by the
Board from time to time."
Modified language:
"CMLS allows the entry of Exclusive Right to Sell and Exclusive
Agency listings into the CMLS database."
- CMLS shall modify Definition 10 ("FSBO") as follows:
Current language:
"Properties for sale by an Owner with no CMLS Exclusive Right
to Sell Form executed by Owner."
Modified language:
"Properties for sale by an Owner with no Listing Agreement
executed by Owner."
- CMLS shall modify Rule 1(a) as follows:
Current language:
"Written Agreement. Each listing submitted by a Member shall be
in writing on the Exclusive Right to Sell (ERTS) Form or
Exclusive Agency (EA) Form as approved by the Board from time
to time. No alteration of any kind to the provisions of the Listing
Agreement shall be allowed. No material shall be included in the
'Special Stipulations' section of the Listing Agreements which is
inconsistent with or which modifies the printed portion of the
Listing Agreements or which is inconsistent with the By-Laws or
Rules or Regulations of CMLS. No Member or representative
thereof shall make any agreement with an Owner, whether verbally
or in writing, which varies, in any way, the provisions of the
Listing Agreements provided herein. CMLS allows only a single
list price for a property."
Modified language:
"Written Agreement. For each listing submitted to CMLS by a
Member, the Member shall have a written Listing Agreement with
the property owner."
- CMLS shall modify Rule 1(b)(1) as follows:
Current language:
"All listings shall be prepared on such forms as the Board shall
approve from time to time . . . ."
Modified language:
"Members shall collect information about listings submitted to
CMLS on Listing Input Sheets as the Board shall approve from
time to time . . . ."
- CMLS shall modify Rule 1(b)(2) as follows:
Current language:
"All listings must be entered into the computer within 2 business
days upon acceptance of the listing by the Member. If not entered
by the Member, the listing shall be delivered to CMLS within 2
business days by hand delivery or facsimile transfer and a fee of
$15.00 will be required for entry by CMLS. Completed Listing
Forms (to include Listing Input Sheets and Exclusive Right to Sell
or Exclusive Agency Contracts) are not required to be submitted to
CMLS, but will be retained by member companies in accordance
with current State Law. Copies of these documents shall be
submitted to CMLS upon request. Additionally, ten (10) percent
of new listings entered into the CMLS database will be
automatically selected for audit. The Listing Company will be
notified at the time the listing is entered into the system and an
MLS number assigned. A follow-up email will be transmitted to
the Listing Agent, the person entering the listing and the BIC."
Modified language:
"All listings must be entered into the computer within two (2)
business days upon acceptance of the listing by the Member. If not
entered by the Member, the Listing Input Sheet shall be delivered
to CMLS within two (2) business days by hand delivery or
facsimile transfer and a fee of $15 will be required for entry by
CMLS. Completed Listing Agreements should be retained by
member companies in accordance with current State Law. Copies
of Listing Input Sheets (but not Listing Agreements) shall be
submitted to CMLS upon request. However, no more than ten (10)
percent of new listings entered into the CMLS database will be
randomly selected for audit. The Listing Company will be notified
at the time the listing is entered into the system and an MLS
number assigned. A follow-up email will be transmitted to the
Listing Agent, the person entering the listing and the BIC. If
selected for audit, the Listing Company shall submit copies of
Listing Input Sheets and Listing Agreements to CMLS within two
business days. Before submitting any Listing Agreement, the
Listing Company may white out, black out, or otherwise conceal
all information in the Listing Agreement except the Member's or
Listing Agent's and owner's signatures, the co-broke fee to be paid
to any Selling Company, the date of execution of the Listing
Agreement, the term (length) of the Listing Agreement, and the
address of the listed property. Listings submitted for audit may be
reviewed by any CMLS employee other than those employees who
are also CMLS Members. CMLS will destroy any audited Listing
Input Sheets and Listing Agreements within five business days of
receiving them or following the resolution of any issues."
- CMLS shall modify a portion of Rule 2 as follows:
Current language:
"Offers on properties included in the CMLS shall be made in
written form to the Selling Company and not directly to the
Owner."
Modified language:
"Offers on properties included in the CMLS shall be made in
written form to the Listing Company and not directly to the
Owner, unless the Listing Company communicates otherwise in
the broker or agent remarks field in the listing. The Listing
Company shall, upon request, furnish an executed copy of a form
dated and signed by the Owner stating as follows: 'I have entered a
listing agreement with [broker] for the sale of my property. I have
agreed with my broker that offers from potential buyers (or their
brokers or agents) will be submitted to me and not to my broker.'"
- CMLS shall modify a portion of Rule 3 as follows:
Current language:
There will be no owner's names or phone numbers on any signage.
Modified language:
There will be no owner's names or phone numbers on any signage,
unless the Listing Company and Owner have entered an Exclusive
Agency Listing as opposed to an Exclusive Right to Sell Listing.
- CMLS shall modify a portion of Rule 3 as follows:
Current language:
"No 'For Sale By Owner' (FSBO) sign may be placed on the
property nor may the property be advertised in print media as a
FSBO or electronically on FSBO sites."
Modified language:
"No 'For Sale By Owner' (FSBO) sign may be placed on the
property nor may the property be advertised in print media as a
FSBO or electronically on FSBO sites, unless the Listing
Company and Owner have entered an Exclusive Agency Listing as
opposed to an Exclusive Right to Sell Listing."
- CMLS shall modify a portion of Rule 5(b) as follows::
Current language:
"In order to maintain the highest professional standards and meet
the requirements of Article II Item 3, all Members must maintain
an office in accordance with State Law. The office shall be
maintained within primary areas served by CMLS, which includes
the counties of Richland, Lexington, Kershaw, Saluda, Newberry,
Calhoun and Fairfield."
Modified language:
"In order to maintain the highest professional standards and meet
the requirements of Article II Item 3, all Members must maintain
an office in accordance with State Law, enforcement of which is
the responsibility of the appropriate State officials."
- CMLS shall delete and cease to enforce Rule 5(c), which states as follows:
"A representative (Owner/Broker-in-Charge) of the prospective
Member must personally appear at the CMLS office for a brief
orientation meeting with the Membership Committee. The CMLS
Board will vote on acceptance of the prospective new Member at
the next scheduled board meeting. This voting process may also
be conducted via email. The prospective Member will be notified
of the Board's decision within 2 business days."
- CMLS shall modify a portion of Rule 7 as follows:
Current language:
". . . no Member may advertise in any media that they can list a
property in the CMLS for a flat fee without disclosing to the
consumer that the consumer will be required to sign an Exclusive
Right to Sell contract which includes the co-broke fee the
consumer is willing to pay."
Modified language:
". . . no Member may advertise in any media that they can list a
property in the CMLS for a flat fee without disclosing to the
consumer that the consumer will be required to offer a co-broke
fee."
- CMLS shall modify a portion of Rule 7 as follows:
Current language:
"No property may be advertised in print media as a FSBO or
electronically on FSBO sites nor can a FSBO sign be placed on the
property."
Modified language:
"No property may be advertised in print media as a FSBO or
electronically on FSBO sites nor can a FSBO sign be placed on the
property, unless the Listing Company and Owner have entered an
Exclusive Agency Listing as opposed to an Exclusive Right to Sell
Listing."
- CMLS shall modify Rule 17 as follows:
Current language:
"Prior to being granted access to the CMLS system for the purpose
of information entry an agent/representative or individual Member
must attend and complete an introductory class on the use thereof
and provide evidence thereof to the CMLS staff."
Modified language:
"Prior to being granted access to the CMLS system for the purpose
of information entry, an agent/representative or individual
Members must attend and complete an introductory class on the
use of the CMLS system and an orientation with a CMLS staff
member (who is not a CMLS Member). New Members who
previously worked as an agent/representative under another CMLS
Member and had training in and access to the CMLS system need
not repeat the introductory class and orientation. The
agent/representative or individual Member will also be excused
from the introductory class if he or she demonstrates familiarity
with the MLS software used by CMLS, through membership in
another MLS that uses the same software. In such case, the
agent/representative or individual Member may receive the
orientation by phone. CMLS shall provide introductory
classes/orientation no less frequently than once every two weeks, if
needed."
- CMLS shall modify Rule 20(21) as follows:
Current language:
"All keyboxes must be approved by the CMLS. Within the
primary service area of CMLS, another type of keybox may be
placed on the listing but must be accompanied by a keybox
approved by the CMLS (including HUD homes, Corporate Owned
homes, Foreclosures, etc). Subleasing of CMLS keyboxes is
strictly forbidden and will result in a fine of $500 for each offense.
Listings in violation of this rule will be removed from the CMLS
system without notice."
Modified language:
"Listings with keyboxes in the CMLS primary service area
(Richland, Lexington, Kershaw, Saluda, Fairfield, Newberry and
Calhoun Counties) must have a CMLS approved keybox. Another
type of keybox (non-CMLS approved) may be placed on the listing
but must be accompanied by a keybox approved by CMLS
(including HUD homes, Corporate Owned homes, Foreclosures,
etc.). Upon receipt of a signed agreement between the Seller and
an agent/representative or individual Member requesting CMLS to
supply a keybox directly to the Seller, CMLS will furnish the
Seller a keybox. The agreement shall include a statement that the
agent/representative or individual Member agrees to pay all normal
fees associated with the issuance of a keybox. CMLS shall
maintain a list of keyholders available to remove keyboxes as a
service to listing brokers at a fee to be negotiated between the
keyholder and Member. Subleasing of CMLS keyboxes is strictly
forbidden and will result in a fine of $500 for each offense.
Listings in violation of this rule will be removed from the CMLS
system without notice."
- CMLS shall modify Rule 20(23) as follows:
Current language:
"Any agreement between a listor client and a Member that gives
the Member an advantage over another Member must be disclosed
on the CMLS listing input sheet and appear on the computer
printout sheet, i.e., if the listing company or owner sells the
property the commission will be modified. The listing member
must disclose the details of such agreement when requested by
another Member."
Modified language:
"If a Member enters a Listing Agreement with an Owner under
which the commission rate varies for any reason, that fact (but not
the commission rate) shall be disclosed on the CMLS Listing Input
Sheet and appear on the computer printout sheet."
- CMLS shall modify Rule 21 as follows:
Current language:
"Each member shall provide evidence to the Board annually that it
maintains Errors and Omissions insurance in an amount of
$500,000.00 or greater. Failure to maintain such insurance shall
result in loss of membership if not corrected within 90 days after
notice."
Modified language:
"If a Member does not have or maintain at least $500,000 in Errors
and Omissions insurance, it shall disclose that fact on each
document required to be executed in the course of creating a
listing. The Member shall also disclose that fact on the Listing
Input Sheet and CMLS will include the following statement on any
publication of that listing: 'The Listing Company for this property
does not maintain Errors and Omissions insurance.'"
- CMLS shall deliver, to any Person who requests it and by whatever reasonable
delivery method such Person requests (including e-mail), a complete set of materials necessary to
apply for Membership, including a complete set of CMLS's then-current Rules.
- CMLS shall permit any Owner to submit an application for Membership by
whatever reasonable delivery method he or she desires.
- Within three business days of completion of orientation and CMLS system
training, if needed, CMLS shall grant the Owner Membership in CMLS. If the applicant
(Member, if orientation has been completed) has previously been trained in the use of CMLS's
systems (by CMLS or another MLS), CMLS shall immediately provide the applicant all
passwords and other information and materials necessary for him or her to submit listings to
CMLS, to access CMLS's database of listings (including confidential or broker-to-broker
information fields), and to use any product or service provided by CMLS. If the new applicant
has not previously been trained in the use of CMLS's systems, CMLS shall provide such
information and materials after the new applicant has completed training in the use of CMLS's
systems. CMLS shall offer training in the use of its systems no less frequently than once every
two weeks, if needed.
- CMLS shall prevent any employee, officer, director, or trustee of CMLS who is
himself or herself a Member or Licensee from viewing or accessing listing or other agreements
between a Member or Licensee and any home buyer or home seller. Membership applications
shall not request any information concerning the business model or operations of or the
commissions or other prices to be charged by the applicant.
- CMLS shall furnish to the Department of Justice
- a complete set of CMLS's Rules, within five business days of each
modification to those Rules; and
- a complete set of minutes of any meeting of CMLS Members or any
regular or special meeting of CMLS's Board or of any committee
comprised of members of CMLS's Board, within five business days of the
approval of such minutes (if such minutes are formally approved) or of the
finalization of such minutes (if such minutes are not formally approved).
- Within five business days after entry of this Final Judgment, CMLS shall
- furnish to each Member and Licensee a hard or electronic copy of this
Final Judgment and a hard or electronic copy of CMLS's Rules modified to
conform to the provisions of this Final Judgment; and
- furnish a copy of this Final Judgment and a copy of CMLS's Rules
modified to conform to the provisions of this Final Judgment to each
Person who, in the five years preceding entry of this Final Judgment,
CMLS knows to have picked up an application for Membership or who
otherwise inquired about becoming a Member. CMLS shall also notify
each such Person that CMLS will allow any Owner, who is not prohibited
from Membership (under Rules permitted under Section VI of this Final
Judgment), to become a Member.
VI. PERMITTED CONDUCT
Subject to Section IX of this Final Judgment and notwithstanding any of the above
provisions, nothing in this Final Judgment shall prohibit CMLS from:
- denying Membership to or terminating the Membership of any Owner who no
longer holds, or no longer employs a Broker-in-Charge who holds, a broker's license under Title
40, Chapter 57 of the Code of Laws of South Carolina or who has been convicted of a crime of
either a criminal sexual nature or relating to the improper handling of funds;
- requiring, as a condition of obtaining or maintaining Membership, that CMLS
Members certify that each Licensee affiliated with the Member has undergone a nationwide
background check and has no convictions of either a criminal sexual nature or relating to the
improper handling of funds; and
- disciplining, including terminating the Membership or access to CMLS of, any
Member or Licensee who violates CMLS Rules or fails to pay CMLS's fees or dues, provided
(i) that CMLS not discriminate in its investigation or discipline of Members or Licensees for
Rules violations or failure to pay fees or dues based on the Members' or Licensees' office
locations, pricing or commission rates, business models, contractual forms or types used, or the
services or activities they perform or do not perform for any home buyer or home seller and
(ii) that it maintain processes consistent with the requirements of § 33-31-621(b)(2) of the Code
of Laws of South Carolina.
VII. COMPLIANCE AND INSPECTION
- For the purposes of determining or securing compliance with this Final Judgment,
or of determining whether the Final Judgment should be modified or vacated, and subject to any
legally recognized privilege, from time to time duly authorized representatives of the Department
of Justice, including consultants and other persons retained by the United States, shall, upon
written request of a duly authorized representative of the Assistant Attorney General in charge of
the Antitrust Division, and on reasonable notice to CMLS, be permitted:
- access during CMLS's office hours to inspect and copy, or at the United
States's option, to require CMLS to provide hard or electronic copies of, all
books, ledgers, accounts, records, data and documents in CMLS's
possession, custody, or control, relating to any matters contained in this
Final Judgment; and
- to interview, either informally or on the record, CMLS's Members,
directors, trustees, officers, employees, or agents, who may have their
individual counsel present, regarding such matters. The interviews shall be
subject to the reasonable convenience of the interviewee and without
restraint or interference by CMLS.
- Upon the written request of an authorized representative of the Assistant Attorney
General in charge of the Antitrust Division, CMLS shall submit written reports or interrogatory
responses, under oath if requested, relating to any of the matters contained in this Final Judgment
as may be requested.
- No information or documents obtained by the means provided in this section shall
be divulged by the United States to any person other than an authorized representative of the
executive branch of the United States, except in the course of legal proceedings to which the
United States is a party (including grand jury proceedings), or for the purpose of securing
compliance with this Final Judgment, or as otherwise required by law.
- If, at the time information or documents are furnished by CMLS to the United
States, CMLS represents and identifies in writing the material in any such information or
documents to which a claim of protection may be asserted under Rule 26(c)(1)(G) of the Federal
Rules of Civil Procedure, and CMLS marks each pertinent page of such material, "Subject to
claim of protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure," then the
United States shall give CMLS ten calendar days notice prior to divulging such material in any
legal proceeding (other than a grand jury proceeding).
VIII. RETENTION OF JURISDICTION
This Court retains jurisdiction to enable any party to this Final Judgment to apply to this
Court at any time for further orders and directions as may be necessary or appropriate to carry out
or construe this Final Judgment, to modify any of its provisions, to enforce compliance, and to
punish violations of its provisions.
IX. NO LIMITATION ON GOVERNMENT RIGHTS
Nothing in this Final Judgment shall limit the right of the United States to investigate and
bring actions to prevent or restrain violations of the antitrust laws concerning any Rule or practice
adopted or enforced by CMLS.
X. EXPIRATION OF FINAL JUDGMENT
Unless this Court grants an extension, this Final Judgment shall expire ten years from the
date of its entry.
XI. PUBLIC INTEREST DETERMINATION
Entry of this Final Judgment is in the public interest. The parties have complied
with the requirements of the Antitrust Procedures and Penalties Act,
15 U.S.C. § 16, including making copies available to the public
of this Final Judgment, the Competitive Impact Statement, and any comments
thereon and the United States' responses to comments. Based upon the
record before the Court, which includes the Competitive Impact Statement
and any comments and response to comments filed with the Court, entry
of this Final Judgment is in the public interest.
Date: __________________ |
Court approval subject to procedures set forth
in the Antitrust Procedures and Penalties Act,
15 U.S.C. § 16 |
|
_______________________________
Sol Blatt, Jr.
United States District Judge |
|