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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:
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.
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 cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia
Beach, Virginia. Copies of the certificate of publication from The Washington Post and from
The Virginian-Pilot, respectively, are attached as Exhibit B.
5. During the 60-day comment period, the United States received no comments from
6. Pursuant to 15 U.S.C. § 16(b), the United States furnished copies of the proposed
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
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 Section
1401 H Street, N.W.
Suite 3000
Washington, D.C. 20530
(202) 307-0924
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:
______/s/___________________
Lowell Stern
VA Bar No. 33460
Leslie D. Peritz
PA Bar No. 87539
U.S. Department of Justice
Antitrust Division
1401 H Street, NW, Suite 3000
Washington, D.C. 20530
(202) 307-0924