Skip to main content
Case Document

Stipulation and Order

Date
Document Type
Stipulations - Miscellaneous
Attachments
This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA



In the matter of:

UNITED STATES OF AMERICA,    

STATE OF CALIFORNIA,
    by and through its Attorney General
    Daniel E. Lungren,
STATE OF CONNECTICUT,
    by and through its Attorney General
    Richard Blumenthal,
STATE OF ILLINOIS,
    by and through its Attorney General
    Jim Ryan,
COMMONWEALTH OF MASSACHUSETTS,   
    by and through its Attorney General
    Scott Harshbarger,
STATE OF NEW YORK,
    by and through its Attorney General
    Dennis C. Vacco,
STATE OF WASHINGTON,
    by and through its Attorney General
    Christine O. Gregoire, and
STATE OF WISCONSIN,
    by and through its Attorney General
    James E. Doyle, Jr.,

                  Plaintiffs,

                  v.

THE THOMSON CORPORATION and
WEST PUBLISHING COMPANY,

                  Defendants.


|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|         



Civil No.: 96-1415 (PLF)
STIPULATION AND ORDER

It is stipulated by and between the undersigned parties, by their respective attorneys, as follows:

(1) The Court has jurisdiction over the subject matter of this action and over each of the parties hereto, and venue of this action is proper in the District for the District of Columbia.

(2) The parties stipulate that a Final Judgment in the form hereto attached may be filed and entered by the Court, upon the motion of any party or upon the Court's own motion, at any time after compliance with the requirements of the Antitrust Procedures and Penalties Act (15 U.S.C. § 16), and without further notice to any party or other proceedings, provided that the plaintiffs have not withdrawn their consent, which they may do at any time before the entry of the proposed Final Judgment by serving notice thereof on defendants and by filing that notice with the Court.

(3) Plaintiffs' consent to the entry of this decree should not be read to suggest that plaintiffs believe that a license is required before a legal publisher may star paginate to defendants' products. Plaintiffs expressly reserve the right to assert their views concerning the extent, validity, or significance of any intellectual property right claimed by defendants, in judicial proceedings or in any other forum. Plaintiffs and defendants agree that this Final Judgment shall have no impact whatsoever on any adjudication concerning these matters.

(4) Defendants shall abide by and comply with the provisions of the proposed Final Judgment pending entry of the Final Judgment, and shall, from the date of the signing of this Stipulation, comply with all the terms and provisions of the proposed Final Judgment as though the same were in full force and effect as an order of the Court.

(5) Defendants will not consummate their transaction before the Court has signed this Stipulation and Order.

(6) Thomson shall prepare and deliver reports in the form required by the provisions of paragraph B of Section VI of the proposed Final Judgment commencing no later than July 19, 1996, and every thirty (30) days thereafter pending entry of the Final Judgment.

(7) In the event the plaintiffs withdraw their consent, as provided in paragraph 2 above, or if the proposed Final Judgment is not entered pursuant to this Stipulation, this Stipulation shall be of no effect whatsoever, and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.


Dated: June ___, 1996.

FOR PLAINTIFF
UNITED STATES OF AMERICA:



_______________/s/________________
Craig W. Conrath
Attorney
U.S. Department of Justice


_______________/s/________________
Keith S. Blair (DC Bar # 450252)
Attorney
U.S. Department of Justice
Antitrust Division
Merger Task Force
1401 H Street N.W.
Washington, D.C. 20005
(202) 307-5779
FOR DEFENDANT
THE THOMSON CORPORATION:



_______________/s/________________
Wayne D. Collins
Shearman & Sterling
Citicorp Center
153 East 53rd Street
New York, N.Y. 10022
(212) 848-4000
Attorney for The Thomson
Corporation




FOR PLAINTIFF
STATE OF CALIFORNIA:



_______________/S/________________


FOR PLAINTIFF
STATE OF CONNECTICUT:



_______________/s/________________


FOR PLAINTIFF
STATE OF ILLINOIS:


_______________/s/________________


FOR PLAINTIFF
COMMONWEALTH OF
MASSACHUSETTS:


_______________/s/________________


FOR PLAINTIFF
STATE OF NEW YORK:


_______________/s/________________


FOR PLAINTIFF
STATE OF WASHINGTON:


_______________/s/________________


FOR PLAINTIFF
STATE OF WISCONSIN:
FOR DEFENDANT
WEST PUBLISHING COMPANY:



_______________/s/________________
James E. Schatz
Schatz Paquin Lockridge Grindal &
Holstein P.L.L.P.
Suite 2200
100 Washington Avenue So.
Minneapolis, MN 55401
(612) 339-6900
Attorney for West Publishing
Company


  SO ORDERED:


_______________________________
        United States District Judge
Updated April 18, 2023