THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
INBEV N.V./S.A.,
INBEV USA LLC d/b/a LABATT USA, and
ANHEUSER-BUSCH COMPANIES, INC.
Defendants.
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Case: 1:08-cv-01965
Assigned To: Robertson, James
Assign. Date: 11/14/2008
Description: Antitrust |
PLAINTIFF UNITED STATES'
EXPLANATION OF CONSENT DECREE PROCEDURES
Plaintiff United States of America submits this memorandum summarizing
the procedures for entry of the proposed Final Judgment as set forth
by the Antitrust Procedures and Penalties Act, 15 U.S.C. §§
16(b)-(h) (the "APPA"), which applies in civil antitrust cases brought
and settled by the United States. As described below, the APPA provides
that certain events must occur prior to the Court's signing and entering
the proposed Final Judgment to resolve this case.
- Today, Plaintiff has filed a Complaint, proposed Final Judgment,
Competitive Impact Statement, and Hold Separate Stipulation and Order
(the "Hold Separate").
- Defendants have agreed in the Hold Separate that they will abide
by the terms of the proposed Final Judgment in the interim and also
follow certain procedures described in the Hold Separate between consummation
of their merger and the divestitures required by the proposed Final
Judgment. At this time, we ask that the Court only sign the Hold Separate.
- The Hold Separate also contains the parties' agreement that, after
compliance with the APPA, the Court may enter the proposed Final Judgment.
The APPA requires that Plaintiff publish the proposed Final Judgment
and the Competitive Impact Statement in the Federal Register
and in certain newspapers at least sixty (60) days prior to entry
of the proposed Final Judgment. The notice will inform members of
the public that they may submit comments about the proposed Final
Judgment to the United States Department of Justice, Antitrust Division
(see 15 U.S.C. §§ 16(b)-(c)).
- During the sixty-day period, Plaintiff will consider, and at the
close of that period respond to, any comments that it has received,
and it will publish the comments and Plaintiff's responses in the
Federal Register.
- After the expiration of the sixty-day period, Plaintiff will file
with the Court the comments and Plaintiff's responses, and Plaintiff
either will ask the Court to enter the Final Judgment (subject to
any proposed revisions) or will withdraw its consent to entry of the
Final Judgment, as provided in Section IV(A) of the Stipulation (see
15 U.S.C. § 16(d)).
- Plaintiff requests that the Court enter the proposed Final Judgment
after compliance with the APPA, 15 U.S.C. §§ 16(e)-(f),
then the Court may enter the Final Judgment without a hearing, provided
that the Court concludes that the Final Judgment is in the public
interest.
Dated: November 14, 2008
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FOR PLAINTIFF
UNITED STATES OF AMERICA
_______________/s/________________
Mitchell H. Glende, Esq.
Litigation I Section
United States Department of Justice
Antitrust Division,
1401 H Street, NW, Suite 4000
Washington, DC 20530
(202) 353-3106
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