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1
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COMPETITIVE IMPACT STATEMENT
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EXTRACTED KEY WORDS
BID AUCTION JUDGEMENT BIDDING UNITED STATES BIDDERS COURT CODES ANTITRUST COMPETITIVE IMPACT RIVALS FCC ENTRY PURPOSE COMPLAINT DEF AUCTION INDIANAPOLIS-F LICENSE COMPETITIVE IMPACT STATEMENT BTA PROCEEDING COMMUNICATE AGREEMENT BATON ROUGE RADIO SPECTRUM PCS APPA HIGH BIDDER BROADBAND COMPLAINT ALLEGES |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, )
)
Plaintiff, ) CIVIL ACTION NO. 1:98CV02752
)
v. )
)
21st CENTURY BIDDING CORP., )
)
Defendant. )
____________________________________)
COMPETITIVE IMPACT STATEMENT
The United States of America, pursuant to Section 2(b) of the Antitrust Procedures and
Penalties Act ("APPA"), 15 U.S.C. § 16(b)-(h), files this Competitive Impact Statement relating
to the proposed Final Judgment submitted for entry in this civil antitrust proceeding.
I. NATURE AND PURPOSE OF THIS PROCEEDING
On November 10, 1998, the United States filed a civil antitrust complaint alleging that the
defendant, 21st Century Bidding Corp. ("21st Century"), had violated Section 1 of the Sherman
Act, 15 U.S.C. § 1. 21st Century participated in an auction (the "DEF auction") of broadband
radio spectrum licenses for personal communication services ("PCS") that was conducted by the
Federal Communications Commission ("FCC") between August 1996 and January 1997. The
Complaint alleges that during the DEF auction 21st Century submitted bids that ended with
three-digit numerical codes to communicate with rival bidders and that, through the use of these
coded bids, 21st Century and one of its rivals reached an agreement to refrain from bidding
against one another. As a consequence of this agreement, the complaint alleges 21st Century and
its competitor paid less for certain PCS licenses, resulting in a loss of revenue to the Treasury of
the United States.
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2
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MOTION FOR ENTRY OF FINAL JUDGMENT
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EXTRACTED KEY WORDS
COURT UNITED STATES ENTRY COMPETITIVE IMPACT APPA COMPLAINT VIOLATIONS DEFENDANT ANTITRUST PLAINTIFF COMPETITIVE IMPACT STATEMENT CERTIFICATE ACT COMPLIANCE PROVISIONS MOTION ALLEGES CODED BIDS DETERMINATION CONSIDERATIONS ANTITRUST PROCEDURES BIDDING FUTURE FCC AUCTIONS ENTERING ANTICOMPETITIVE AGREEMENTS TERMINATE COMMUNICATIONS REMEDIES ENFORCE |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) CIVIL ACTION NO. 98-2752(PLF)
)
v. ) PLAINTIFF'S MOTION FOR
) ENTRY OF THE FINAL
21st CENTURY BIDDING CORP. ) JUDGEMENT
)
Defendant. )
____________________________________)
Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("APPA"), 15
U.S.C. § 16 (b)-(h), plaintiff United States moves for entry of the proposed Final Judgment
annexed hereto in this civil antitrust proceeding. The Final Judgment may be entered at this time
without further hearing if the Court determines that entry is in the public interest. The
Competitive Impact Statement filed in this matter on November 10, 1998, explains why entry of
the proposed Final Judgment would be in the public interest. A Certificate of Compliance setting
forth the steps taken by the parties to comply with all applicable provisions of the APPA and
certifying that the statutory waiting period has expired has been filed simultaneously with this
Motion.
I.
Background
Plaintiff filed a civil antitrust complaint on November 10, 1998, alleging that 21st Century
Bidding Corporation ("21st Century) violated Section 1 of the Sherman Act, 15 U.S.C. § 1. In its
complaint, the plaintiff alleged that the defendant used coded bids during a Federal
Communications Commission auction of radio spectrum licenses for personal communication
services. The complaint further alleges that, through the use of these coded bids, the defendant
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3
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US COMPLIANCE WITH ANTITRUST PROCEDURES AND PENALTIES ACT
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EXTRACTED KEY WORDS
UNITED STATES COMPETITIVE IMPACT STATEMENT COURT COMPETITIVE IMPACT PURSUANT DEFENDANT REQUESTING DISTRICT AMERICA COMPLIANCE PROVISIONS ANTITRUST PROCEDURES PENALTIES ACT PLAINTIFF COMMUNICATIONS CIRCULATION COLUMBIA COMMUNICATIONS DESCRIBING COMMUNICATIONS DEFENDANT RELATING OFFICERS EMPLOYEES SUBMISSION MEMBERS STIPULATION JUDGMENT SERVES STANDARD HEARINGS COUNSEL DEFENDANT JOINS |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, )
)
Plaintiff, ) CIVIL ACTION NO. 98-2752(PLF)
) PLAINTIFF'S MOTION FOR
) ENTRY OF THE FINAL
) JUDGEMENT
v. )
)
21st CENTURY BIDDING CORP., )
)
Defendant. )
____________________________________)
UNITED STATES' CERTIFICATE OF
COMPLIANCE WITH THE PROVISIONS OF THE
ANTITRUST PROCEDURES AND PENALTIES ACT
Plaintiff, United States of America, hereby certifies that it has complied with the
the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h), and states:
1. The proposed Final Judgment and Competitive Impact Statement were filed with the
Court on November 10, 1998.
2. Pursuant to 15 U.S.C. § 16(b), the Proposed Final Judgment and Competitive Impact
Statement were published in the Federal Register on November 25, 1998 (63 Fed. Reg. 227).
3. Pursuant to 15 U.S.C. § 16(b), the United States furnished to requesting parties
of the Competitive Impact Statement, as well as copies of the Complaint and the proposed Final
Judgment.
4. Pursuant to 15 U.S.C. § 16(c), a summary of the terms of the proposed Final Judgment
and Competitive Impact Statement were published in the Washington Post, a newspaper of general
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4
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FINAL JUDGMENT
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EXTRACTED KEY WORDS
DEFENDANT OFFICER COMPLIANCE PLAINTIFF LICENSE ENTRY FCC DISTRICT ANTITRUST UNITED STATES COURT PARTY EMPLOYEES LAW PRICE AUCTION PURPOSE CERTIFICATION REQUEST PROVISIONS DESIGNATING RESPONSIBILITY OBTAINING PROCEEDING CONSENT PARTIES JURISDICTION SUCCESSORS DIRECTORS |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Case No. 1:98CV02752
)
21st CENTURY BIDDING CORP., )
)
Defendant. )
FINAL JUDGMENT
Plaintiff, United States of America, filed its Complaint on November 10, 1998.
Plaintiff and the 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. This Final
Judgment shall not be evidence against or an admission by any party with respect to any
issue of fact or law. Therefore, before the taking of any testimony, without trial or
adjudication of any issue of fact or law herein, and upon consent of the parties, it is hereby
ORDERED, ADJUDGED, AND DECREED, as follows:
I.
Jurisdiction
This Court has jurisdiction of the subject matter of this action and of each of the
parties consenting hereto. Venue is proper in the District of Columbia. The Complaint
states a claim upon which relief may be granted against the Defendant under Section 1 of
the Sherman Act, 15 U.S.C. § 1.
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5
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COMPLAINT
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EXTRACTED KEY WORDS
AUCTION BID FCC PCS ROUND BIDDING BIDDERS AGREEMENT BTA CODES UNITED STATES SHERMAN ACT DEF AUCTION COMPETING RESTRAIN MERCURY COMMUNICATIONS SERVICES BILOXI SPECTRUM VIOLATION TELESIS STANDING HIGH WITHDRAWAL PERIOD INDIANAPOLIS-F LICENSE BATON ROUGE ALLOCATE BID SUBMISSION PURPOSE INTERSTATE COMMERCE |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, )
Department of Justice )
Antitrust Division )
325 7th Street, N.W., Suite 500 )
Washington, D.C. 20530, )
)
Plaintiff, ) CIVIL ACTION NO.
)
v. )
)
21st CENTURY BIDDING CORP., )
4665 MacArthur Court )
Newport Beach, CA 92660, )
)
Defendant. )
)
COMPLAINT
The United States of America, through its attorneys, acting under the direction of the
Attorney General of the United States, brings this civil antitrust action under Section 1 of the
Sherman Act, to obtain equitable and other relief against 21st Century Bidding Corp.
I. NATURE OF THIS ACTION
1. In August 1996, the Federal Communications Commission ("FCC") commenced an
auction (the "DEF auction") to award licenses of broadband radio spectrum to be used for the
development and operation of personal communications services ("PCS"). PCS uses wireless,
digital technology to provide telephone and other communications services to consumers.
2. Defendant 21st Century Bidding Corp. ("21st Century") was among the successful
bidders in the DEF auction. 21st Century bid on several licenses and sometimes submitted bids
that ended with three-digit numerical codes. 21st Century used the coded bids to communicate
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