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1
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OPPOSITION TO BLUE CROSS MOTION TO INTERVENE
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EXTRACTED KEY WORDS
INTERVENE MOTION UNITED STATES MATERIALS INTERVENTION PROCEEDING BLUE CROSS CIR MEMORANDUM MATTER DISPOSITION POSSESSION COURT CID TAXPAYERS WORK PAPERS PETITIONER BLUE SHIELD APPLICANT ACCOUNTANT JUDGE ALDRICH LEGITIMATE LONG-STANDING EFFORT BUSINESS PRACTICES RELATING TRANSACTION PRODUCTION PERMISSIVE INTERVENTION ADMINISTRATIVE SUBPOENA |
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
COHEN & COMPANY, )
)
Petitioner,
)
)
v. )
) Civil Action No. 1:96 CV 1396
UNITED STATES OF AMERICA and )
ANNE K. BINGAMAN, Assistant ) Hon. Donald C. Nugent
Attorney General, U.S. Department )
of Justice, Antitrust Division, )
)
Respondents
and
)
Cross
Petitioners.
)
MEMORANDUM OF THE UNITED STATES IN
OPPOSITION
TO BLUE CROSS AND BLUE SHIELD OF OHIO'S MOTION TO INTERVENE
Blue Cross and Blue Shield of Ohio's ("BCBSO") motion to intervene in this proceeding
is but one more move in its long-standing effort to prolong and thereby thwart the Department of
Justice's investigation of certain of BCBSO's business practices. The simple fact of the matter is
that its motion to intervene is baseless, and should be denied.
ARGUMENT
Fed.R.Civ.P. 24(a)(2), upon which BCBSO relies in arguing that it is entitled to join this
action, provides that anyone shall be permitted to intervene:
where the applicant claims an interest relating to the property or transaction which
1
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2
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CROSS-PETITION FOR ENFORCEMENT OF CIVIL INVESTIGATIVE DEMAND
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EXTRACTED KEY WORDS
PETITION RESPONDENTS/CROSS-PETITIONERS UNITED STATES COURT BCBSMO ANTITRUST ACPA CIVIL COMPLIANCE REQUEST PARAGRAPH ENFORCEMENT INVESTIGATIVE DEMAND ACT OHIO PRODUCTION SET ASIDE BRAVO DENY CROSS-PETITION ATTORNEY GOVERNMENT CONSULTING AGREEMENT AVERMENTS CONTROL SHERMAN ACT DISCLOSURE RELIEF RESPONDENTS/CROSS-PETITIONERS ADMIT |
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
COHEN & COMPANY, ))
Petitioner, ))
v. )) Civil Action No. 1:96 CV 1396
UNITED STATES OF AMERICA and )
ANNE K. BINGAMAN, Assistant ) Hon. Donald C. Nugent
Attorney General, U.S. Department )
of Justice, Antitrust Division, ))
Respondents and )
Cross Petitioners. )
CROSS-PETITION FOR ENFORCEMENT OF CIVIL INVESTIGATIVE DEMAND NO.
14993 AND ANSWER TO PETITION OF COHEN & COMPANY REGARDING
COMPLIANCE
The United States of America and Anne K. Bingaman, Assistant Attorney General of the
Antitrust Division of the United States Department of Justice, by their undersigned attorneys,
(1) petition this Court pursuant to Section 1314(a) of Title 15, United States Code, to enter
on the pleadings enforcing Civil Investigative Demand ("CID") No. 14993, which was duly issued and
served on Cohen & Company, and (2) answer Cohen & Company's "Petition Regarding Compliance"
as follows.
CROSS-PETITION FOR ENFORCEMENT
Pursuant to 15 U.S.C. §1314(a), the United States and Anne K. Bingaman request that this
Court order Cohen & Company to comply with the requirements of CID No. 14993, and as grounds
state as follows:
1. In enacting and amending the Antitrust Civil Process Act ("ACPA"), 15 U.S.C. §§1311
et seq. (1994), Congress provided the Antitrust Division (the "Division") with broad pre-complaint
powers to investigate possible violations of the federal antitrust laws. More specifically, ACPA
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