FILED
: UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA AUG 10 Wess
UNITED STATES OF AMERICA, ) US. DISTRICT COURT
) “PISTRICT OF COLUME:a
Plaintiff, )
)
ve ) Civil Action No. 92-2854 ssi
)
AIRLINE TARIFF PUBLISHING )
COMPANY, et al., )
)
Defendants. )
ORDER
This matter is before the Court for a determination of whether
the proposed final judgment is in the “public interest," and thus
should be entered by the Court as a final judgment with respect to
the seven defendants that remain in the case. ‘These remaining
defendants consent to entry of final judgment. Upon consideration
of the entire record, the Court finds that the proposed final
judgment is in the “public interest" as contemplated by the
Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) (the
“Tunney Act").
This antitrust action originated on December 21, 1992.
Simultaneously with the filing of the complaint, the United States
filed a proposed final judgment with respect to two of the named
defendants -- United Air Lines, Inc., and USAir, Inc.. After a
thorough examination of the record, including review of the over
700 comments submitted by the public, the Court concluded that the
Proposed final judgment was in the public interest. See United
States v. Airline Tariff Publishing Co., 836 F. Supp. 9 (D.D.c.
1993). Judgment with respect to United Air Lines and USAir became
final on November 1, 1993.Se
on March 17, 1994, the United States and the remaining
defendants -- Airline Tariff Publishing Company, Alaska Airlines.
Inc., American Airlines, Inc., Continental Airlines, Inc., Delta
Air Lines, Inc., Northwest Airlines, Inc., and Trans World
Airlines, Inc., filed a stipulation consenting to the entry of a
new proposed final judgment. In addition, the parties filed the
new proposed final judgment and a competitive impact statement.
The proposed final judgment is substantially identical to the final
judgment entered on November 1, 1993.
The Court finds that the government has complied with all of
the procedural requirements of the Tunney Act. See 15 U.S.C. §
16(b)-(d). The Court also finds that entry of the proposed final
judgment is in the public interest. The proposed relief
effectively will foreclose the possibility that antitrust
violations will occur or recur, without unduly impinging upon other
aspects of the public interest. See Airline Tariff Publishing Co.,
836 F. Supp. at 12-14; see also United States v. American Tel.
Tel. Co., 552 F. Supp. 131, 150-51 (D.D.C. 1982), aff'd sub. nom.
Maryland v. United States, 460 U.S. 1001 (1982). Accordingly, it
hereby is
ORDERED, that the proposed final judgment shall be entered
with respect to defendants Airline Tariff Publishing Company,
Alaska Airlines, Inc., American Airlines, Inc., Continental
Airlines, Inc., Delta Air Lines, Inc., Northwest Airlines, Inc.
1
An amended proposed final judgment was filed on March 21,
1994.and Trans World Airlines, Inc..
SO ORDERED.
=. A ctetie)
Stanley 5. Warris
United States District Judge
Date: AUG 10 1994