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1
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FINAL JUDGMENT
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EXTRACTED KEY WORDS
DEFENDANTS LOEWEN GROUP ACT JUDGEMENT PLAINTIFF HEREBY CIVIL PENALTIES UNITED STATES DISTRICT AMERICA CLAYTON ACT ENTRY PAYMENT TREASURY COURT JUSTICE WASHINGTON SUITE COMPLAINT ANTITRUST IMPROVEMENTS ACT CONSENT ADJUDICATION LAW MATTER PAY AMOUNT FOIA UNIT ANTITRUST DIVISION LIBERTY |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA c/o Department of Justice Washington, D.C.
20530,
Plaintiff,
v.
THE LOEWEN GROUP INC. 4126 Norland Avenue Burnaby, B.C. V5G 3S8
Canada, and LOEWEN GROUP INTERNATIONAL, INC. 50 East River Center
Blvd. Suite 820 Covington, KY 41011,
Defendants.
Civil Action No.
FINAL JUDGMENT
Plaintiff, the United States of America ("United States"), having
commenced this action by filing its Complaint herein for violation of
Section 7A of the Clayton Act, 15 U.S.C. § 18a, commonly known as the
Hart-Scott-Rodino Antitrust Improvements Act of 1976, and Plaintiff
and Defendants, The Loewen Group Inc. and Loewen Group International,
Inc., by their respective attorneys, having consented to the entry of
this Final Judgment without trial or adjudication of any issue of fact
or law herein and without this Final Judgment constituting any
evidence against or an admission by the Defendants with respect to any
such issue:
Now, therefore, before the taking of any testimony and without trial
or adjudication of any issue of fact or law herein, and upon the
consent of the parties hereto, it is hereby
Ordered, Adjudged, and Decreed as follows:
I.
The Court has jurisdiction of the subject matter of this action and of
the Plaintiff and the Defendants. The Complaint states a claim upon
which relief can be granted against the Defendants under Section 7A of
the Clayton Act, 15 U.S.C. § 18a.
II.
Judgment is hereby entered in this matter in favor of Plaintiff United
States of America and against Defendants, and, pursuant to Section
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2
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COMPLAINT
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EXTRACTED KEY WORDS
ACT DEFENDANT HSR ACT VOTING SECURITIES ACQUISITION FEDERAL TRADE COMMISSION UNITED STATES WAITING PERIOD NOTIFICATION CIVIL PENALTY VIOLATION ANTITRUST CLAYTON ACT GOLDER THOMA COURT JUSTICE PREACQUISITION ATTORNEY MANDATORY PURSUANT REPORT HART-SCOTT-RODINO ANTITRUST IMPROVEMENTS PLAINTIFF IMPROVEMENTS ACT LAWS INDIRECT PARAGRAPH BLACKSTONE |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
c/o Department of Justice
Antitrust Division
Washington, D.C. 20530,
Plaintiff,
v.
THE LOEWEN GROUP INC. 4126 Norland Avenue Burnaby, B.C. V5G 3S8
Canada, and LOEWEN GROUP INTERNATIONAL, INC. 50 East River Center
Blvd. Suite 820 Covington, KY 41011,
Defendants.
Civil Action No.
COMPLAINT FOR CIVIL PENALTIES FOR VIOLATIONS OF PREACQUISITION
REPORTING REQUIREMENTS OF THE HART-SCOTT-RODINO ACT
The United States of America, Plaintiff, by its attorneys, acting
under the direction of the Attorney General of the United States and
at the request of the Federal Trade Commission, brings this civil
action to obtain monetary relief in the form of a civil penalty
against the Defendants named herein for violation of the requirements
of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C.
§ 18a ("HSR Act"), and rules promulgated thereunder, 16 C.F.R. Parts
800-803, both by failing to make the mandatory preacquisition
notifications to the Federal Trade Commission and the Department of
Justice, as required by the HSR Act, and by failing to observe the
mandatory preacquisition waiting periods established by the HSR Act.
Plaintiff alleges as follows:
JURISDICTION AND VENUE
1. This Complaint is filed and these proceedings are instituted under
Section 7A of the Clayton Act, 15 U.S.C. § 18a, ("HSR Act") added by
Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976,
to recover a civil penalty for violation of that section.
2. This Court has jurisdiction over the Defendants and over the
subject matter of this action pursuant to Section 7A(g) of the Clayton
Act, 15 U.S.C. § 18a(g), and pursuant to 28 U.S.C. §§ 1331, 1337, 1345
and 1355.
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3
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STIPULATION
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EXTRACTED KEY WORDS
STIPULATION WASHINGTON ATTORNEY JUDGEMENT DEFENDANTS BUREAU COURT CONSENT PARTY PLAINTIFF WITHDRAWN COMPETITION UNITED STATES DISTRICT JUSTICE PARTIES MOTION TOM SMITH JONES REAVIS POGUE ASSISTANT BAR DEPUTY ASSISTANT KENNETH DAVIDSON FEDERAL TRADE COMMISSION PENNSYLVANIA AVE |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA c/o Department of Justice Washington, D.C.
20530,
Plaintiff,
v.
THE LOEWEN GROUP INC. 4126 Norland Avenue Burnaby, B.C. V5G 3S8
Canada, and LOEWEN GROUP INTERNATIONAL, INC. 50 East River Center
Blvd. Suite 820 Covington, KY 4101,
Defendants.
Civil Action No.
STIPULATION
It is stipulated by and between the undersigned parties, by their
respective attorneys, that:
(1) the parties consent that the Court may file and enter a Final
Judgment in the form attached to this Stipulation, on the Court's
own motion or on the motion of any party at any time, and without
further notice to any party or other proceedings, if Plaintiff has
not withdrawn its consent, which it may do at any time before the
entry of judgment by serving notice of its withdrawal on
Defendants, The Loewen Group Inc. and Loewen Group International,
Inc., and filing that notice with the Court;
(2) Defendants, The Loewen Group Inc. and Loewen Group
International, Inc., waive any objection to venue or jurisdiction
for purposes of this Final Judgment and authorize Tom D. Smith,
Esq., of Jones, Day, Reavis & Pogue to accept service of all
process in this matter on their behalf; and
(3) in the event Plaintiff withdraws its consent or if the proposed
Final Judgment is not entered pursuant to this Stipulation, this
Stipulation shall be of no effect whatever and the making of this
Stipulation shall be without prejudice to any party in this or any
other proceeding.
Dated:
FOR THE DEFENDANTS:
Tom D. Smith
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