95-25289. United States versus Greyhound Lines, Inc.; Proposed Final Judgment and Competitive Impact Statement  

  • [Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
    [Notices]
    [Pages 53202-53206]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-25289]
    
    
    
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    DEPARTMENT OF JUSTICE
    Antitrust Division
    
    
    United States versus Greyhound Lines, Inc.; Proposed Final 
    Judgment and Competitive Impact Statement
    
        Notice is hereby given pursuant to the Antitrust Procedures and 
    Penalties Act, 15 U.S.C. 16(b)-(h), that a proposed Final Judgment, 
    Stipulation, and Competitive Impact Statement have been filed with the 
    United States District Court for the District of Columbia, in United 
    States v. Greyhound Lines, Inc., Civil Action No. 95:CV01852. The 
    Complaint in this case alleges that lease agreements between Greyhound 
    and tenant bus companies operating at Greyhound's terminals violate 
    Section 1 of the Sherman Act. The standard Bus Terminal License 
    agreement between Greyhound and its tenants prohibits the tenants from 
    selling tickets within a 25-mile radius of Greyhound's terminal or from 
    accepting the tickets of other bus companies sold in this area. This 
    provision is commonly known as the ``25-mile rule.'' The Complaint 
    alleges that the 25-mile rule restricts competition in the provision of 
    intercity bus transportation by preventing Greyhound's tenants from 
    providing connecting service with bus companies operating at other 
    terminals and from providing bus service from non-terminal facilities, 
    such as airports and train stations. The Complaint also alleges that 
    the 25-mile rule restricts competition in the distribution and sale of 
    tickets for intercity bus transportation.
        On September 28, 1995, the United States and Greyhound filed a 
    Stipulation in which they consented to the entry of a proposed Final 
    Judgment providing the relief the United States seeks in the Complaint. 
    The proposed Final Judgment requires Greyhound to remove the 25-mile 
    rule from its Bus Terminal License agreements within 60 days of the 
    entry of the Final Judgment. The proposed Final Judgment also enjoins 
    Greyhound from terminating or discriminating against a tenant in order 
    to prevent ticket sales outside the Greyhound terminal. Furthermore, 
    Greyhound is enjoined from entering into exclusive interconnection 
    agreements with other bus companies.
        Public comment is invited within the statutory 60-day comment 
    period. Such comments and responses thereto will be published in the 
    Federal Register and filed with the Court. Comments should be directed 
    to Roger W. Fones, Chief, Transportation, Energy & Agriculture Section, 
    Antitrust Division, Department of Justice, Room 9104, 555 Fourth 
    Street, NW., Washington, DC 20001 (telephone: 202-307-6351).
    Rebecca P. Dick,
    Deputy Director, Office of Operations, Antitrust Division.
    
    United States District Court for the District of Columbia
    
        United States of America, Plaintiff v. Greyhound Lines, Inc., 
    Defendant.
    
    [Civil Action No. 95-1852]
    
    Stipulation
    
        It is stipulated by and between the undersigned parties, by their 
    respective attorneys that:
        1. The Court has jurisdiction over the subject matter of this 
    action and over each of the parties thereto, and venue of this action 
    is proper in the District of Columbia;
        2. The parties consent that a Final Judgment in the from 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 Plaintiff has not withdrawn its consent, 
    which it may do at any time before the entry of the proposed Final 
    Judgment by serving notice thereof on Defendant and by filing that 
    notice with the Court;
        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 whatsoever, and the making of this 
    Stipulation shall be without prejudice to pay party in this or any 
    other proceeding.
    
        Dated: September 28, 1995.
    
        For Plaintiff United States of America.
    Michael D. Billiel,
    Michele B. Felasco,
    Attorneys, U.S. Department of Justice, Antitrust Division, 555 Fourth 
    Street, N.W., Room 9104, Washington, D.C. 20001, (202) 307-6666.
        For Defendant Greyhound Lines, Inc.
    Mark F. Horning,
    Margaret M. Clark,
    Steptoe & Johnson, 1330 Connecticut Avenue, N.W., Washington, D.C. 
    20036-1795, (202) 429-8126.
    
    United States District Court for the District of Columbia
    
        United States of America, Plaintiff. v. Greyhound Lines, Inc., 
    Defendant.
    
    [Civil Action No. 95-1852]
    
    Final Judgment
    
        Plaintiff, United States of America, filed its Complaint on 
    September 28, 1995. Plaintiff and 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. Nothing in this Final Judgment shall 
    constitute an admission by Defendant of any violation of law, liability 
    or wrongdoing. Therefore, before the taking of any testimony and 
    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. The Complaint states a 
    claim upon which relief may be granted against the 
    
    [[Page 53203]]
    defendant under Section 1 of the Sherman Act, 15 U.S.C. 1.
    
    II
    
    Definitions
    
        As used herein, the term:
        (A) ``BTL Agreement'' means the Bus Terminal License Agreement 
    between Greyhound Lines, Inc., as owner, leaseholder or operator of a 
    bus terminal, and a tenant carrier.
        (B) ``Defendant'' means Greyhound Lines, Inc., each of its 
    predecessors, successors, divisions, subsidiaries, and affiliates, each 
    other person directly or indirectly, wholly or in part, owned or 
    controlled by it, and each partnership or joint venture to which any of 
    them is a party, and all present and former employees, directors, 
    officers, agents, consultants or other persons acting for or on behalf 
    of any of them.
        (C) ``Tenant carrier'' means any bus company that is a tenant at a 
    bus terminal owned, leased or operated by Defendant.
        (D) ``Twenty-five (25) Mile Rule'' means that provision in 
    Greyhound's BTL Agreements that reads substantially as follows:
    
        Subject to Section 1, Licensee agrees that during the term 
    hereof, it will use the Terminal as its major terminal in the City 
    of [Name of City] for the aforesaid operations and will not without 
    the prior written consent of the Company allow or permit any tickets 
    or busbills to be sold at any other place within a twenty-five (25) 
    mile radius of the Terminal, other than the Terminal, or honor the 
    tickets or busbills of any other carrier for such transportation 
    which are sold within the said twenty-five (25) mile radius. 
    Notwithstanding the foregoing, tickets or busbills of Licensee may 
    continue to be sold, and Licensee may honor the tickets or busbills 
    of other carriers which are sold, at any place within the said 
    twenty-five (25) mile radius where they are being sold as of the 
    date of this Agreement. A list of such places where tickets or 
    busbills of Licensee are sold within the twenty-five (25) mile 
    radius of the Terminal is appended to this Agreement as Appendix 3. 
    If Licensee wishes to change any such place of sale of its tickets 
    or busbills to another place within five (5) miles of such place and 
    within the said twenty-five (25) mile radius of the Terminal, 
    Licensee may make such change upon thirty (30) days written notice 
    to Company. It is further understood that in all of Licensee's bus 
    schedules and advertising pertaining to its aforesaid operations, 
    the terminal shall appear as the only place in the City of ________ 
    where tickets or busbills are on sale.
    
    III
    
    Applicability
    
        (A) This Final Judgment applies to the defendant and to each of its 
    subsidiaries, successors, assigns, officers, directors, employees, and 
    agents, and to all other persons in active concert or participation 
    with any of them who receive actual notice of this Final Judgment by 
    personal service or otherwise.
        (B) Nothing contained herein shall suggest that any portion of this 
    Final Judgment is or has been created for the benefit of any third 
    party and nothing herein shall be construed to provide any rights to 
    any third party.
    
    IV
    
    Prohibited Conduct
    
        (A) Defendant is ordered, within 60 days from the date of entry of 
    this Final Judgment, to remove from each of its BTL Agreements the 
    Twenty-five (25) Mile Rule. Defendant may comply with this provision by 
    amending its existing BTL agreements to remove the Twenty-five (25) 
    Mile Rule or by terminating such Agreements and negotiating new 
    agreements not containing the Twenty-five Mile Rule.
        (B) Defendant is restrained and enjoined from:
        1. conditioning access to its terminals, directly or indirectly, 
    upon a tenant carrier agreeing not to: (i) sell its tickets or busbills 
    at locations other than the Greyhound terminal, or (ii) honor the 
    tickets or busbills of another carrier sold at such other locations.
        2. terminating or threatening to terminate any BTL Agreement where 
    the purpose or effect of such termination or threat of termination is 
    to prohibit a tenant carrier from (i) selling its tickets or busbills 
    at locations other than the Greyhound terminal, for transportation 
    services using that Greyhound terminal or a terminal or facility that 
    is competitive with such Greyhound terminal, or (ii) honoring the 
    tickets or busbills of another carrier sold at such other locations.
        3. discriminating against any tenant carrier in the terms or 
    conditions of any BTL Agreement or other agreement governing the lease 
    of space in a bus terminal, where the purpose or effect of such 
    discrimination is to (a) prohibit a tenant carrier from (i) selling its 
    tickets or busbills at locations, other than the Greyhound terminal, 
    for transportation services using that Greyhound terminal or a terminal 
    or facility that is competitive with such Greyhound terminal, or (ii) 
    honoring the tickets or busbills of another carrier sold at such other 
    locations, or (b) prohibit or substantially limit the tenant from 
    interlining any of its traffic with another carrier at another 
    terminal.
        4. refusing to interline with any other carrier unless that carrier 
    agrees to interline all of its traffic in a city or area with 
    Greyhound, provided, however, that this paragraph shall not apply to an 
    agreement between Greyhound and its franchisee, operating lessee or 
    contractor.
        (C) Nothing in this Final Judgment shall:
        1. affect any provisions of defendant's existing BTL Agreements, 
    other than the Twenty-five (25) Mile Rule.
        2. restrict Greyhound from (i) negotiating or renegotiating any 
    percentage or minimum rents or other terms of compensation, including 
    different terms of compensation for different tenants, provided that 
    such differences in rents or terms of compensation are not conditioned 
    on the tenant's use or non-use of a terminal other than the Greyhound 
    terminal or (ii) from requiring that a tenant provide Greyhound with 
    information on traffic volume using the Greyhound terminal, ticket 
    sales of originating traffic or similar information needed to calculate 
    or adjust compensation.
        3. restrict Greyhound from negotiating or renegotiating any non-
    compensation terms or provisions in its current or future BTL 
    Agreement, except as provided in paragraph B above.
        4. affect Greyhound's right to grant, control or terminate access 
    to or usage of its terminals, including but not limited to termination 
    for breach of a BTL Agreement, except as provided in paragraph B above.
        5. affect Greyhound's right to terminate any BTL Agreement due to a 
    tenant carrier's refusal to renegotiate or agree to amended terms and 
    conditions of a BTL Agreement, except as provided in paragraph B above.
        6. except as provided in paragraphs B(3) and C(2) above, require 
    Greyhound to offer all tenants at a terminal identical terms of access, 
    including but not limited to terms of compensation.
        7. affect Greyhound's obligation to comply with any federal, state 
    or local law, rule, regulation or administrative order pertaining to 
    terminal access or the interlining of traffic among carriers or affect 
    Greyhound's operations pursuant to any effective tariff filed with the 
    Interstate Commerce Commission or any successor agency, including any 
    Commission or agency decision ruling upon or interpreting such tariff, 
    or any pooling agreements while approved by the Interstate Commerce 
    Commission or any successor agency.
        8. affect Greyhound's unilateral right to: (i) refuse to enter 
    into, or terminate any interline agreement with any carrier; (ii) 
    refuse to provide services to any carrier that has not authorized 
    Greyhound to furnish such services or has not agreed to compensate 
    
    [[Page 53204]]
    Greyhound for such services pursuant to an agreement, or (iii) 
    establish passenger or package express fares, terms or conditions 
    relating to its transportation services.
    
    V
    
    Disclosure
    
        Defendant is ordered to send, within 60 days from the date of entry 
    of this Final Judgment, a copy of this Final Judgment to each tenant 
    carrier subject to a BTL Agreement, together with a written statement 
    that the Twenty-five (25) Mile Rule is no longer in effect and will not 
    be enforced.
    
    VI
    
    Compliance Program
    
        Defendant is ordered to maintain an antitrust compliance program 
    which shall include the following:
        (A) Designating within 30 days of entry of this Final Judgment, an 
    Antitrust Compliance Officer with responsibility for accomplishing the 
    antitrust compliance program and with the purpose of achieving 
    compliance with this Final Judgment. The Antitrust Compliance Officer 
    shall, on a continuing basis, supervise the review of the current and 
    proposed activities of defendant to ensure that it complies with this 
    Final Judgment.
        (B) The Antitrust Compliance Officer shall be responsible for 
    accomplishing the following activities:
        1. distributing copies of this Final Judgment in accordance with 
    section V above;
        2. distributing, within 60 days from the entry of this Final 
    Judgment, a copy of this Final Judgment to all officers and employees 
    with responsibility for operating or managing terminals, negotiating 
    BTL (or other terminal access) Agreements, overseeing compliance with 
    BTL (or other terminal access) Agreements, or tenant carrier relations;
        3. briefing annually the officers and employees described above on 
    this Final Judgment.
    
    VII
    
    Certification
    
        (A) Within 75 days after the entry of this Final Judgment, the 
    defendant shall certify to the plaintiff that it has complied with 
    IV(A) above, designated, an Antitrust Compliance Officer, and 
    distributed the Final Judgment in accordance with Sections V and VI 
    above.
        (B) For each year of the term of this Final Judgment, the defendant 
    shall file with the plaintiff, on or before the anniversary date of 
    entry of this Final Judgment, a statement as to the fact and manner of 
    its compliance with the provisions of V and VI above.
    
    VIII
    
    Plaintiff Access
    
        (A) To determine or secure compliance with this Final Judgment and 
    for no other purpose, duly authorized representatives of the plaintiff 
    shall, upon written request of the Assistant Attorney General in charge 
    of the Antitrust Division, and on reasonable notice to the defendant 
    made to its principal office, be permitted, subject to any legally 
    recognized privilege:
        1. access during the defendant's normal office hours to inspect and 
    copy all documents in the possession or under the control of the 
    defendant, who may have counsel present, relating to any matters 
    contained in this Final Judgment; and
        2. subject to the reasonable convenience of the defendant and 
    without restraint or interference from it, to interview officers, 
    employees or agents of the defendant, who may have counsel present, 
    regarding such matters.
        (B) Upon the written request of the Assistant Attorney General in 
    charge of the Antitrust Division made to the defendant's principal 
    office, the defendant shall submit such written reports, under oath if 
    requested, subject to any legally recognized privilege.
        (C) No information or documents obtained by the means provided in 
    Section VIII shall be divulged by the plaintiff to any person other 
    than a duly authorized representative of the Executive Branch of the 
    United States, except in the course of legal proceedings to which the 
    United States is a party, or for the purpose of securing compliance 
    with this Final Judgment, or as otherwise required by law.
        (D) If at the time information or documents are furnished by the 
    defendant to plaintiff, the defendant represents and identifies in 
    writing the material in any such information or documents to which a 
    claim of protection may be asserted under Rule 26(c)(7) of the Federal 
    Rules of Civil Procedure, and defendant marks such material, ``subject 
    to claim of protection under Rule 26(c)(7) of the Federal Rules of 
    Civil Procedure,'' then 10 days notice shall be given by plaintiff to 
    defendant prior to divulging such material in any legal proceeding 
    (other than a grand jury proceeding) to which defendant is not a party.
    
    IX
    
    Further Elements of the Final Judgment
    
        (A) This Final Judgment shall expire ten years from the date of 
    entry.
        (B) Jurisdiction is retained by this Court for the purpose of 
    enabling the parties to this Final Judgment to apply to this Court at 
    any time for further orders and directions as may be necessary or 
    appropriate to carry out or construe this Final Judgment, to modify or 
    terminate any of its provisions, to enforce compliance, and to punish 
    violations of its provisions.
        (C) Entry of this Final Judgment is in the public interest.
    
        Dated ____________.
    ----------------------------------------------------------------------
    UNITED STATES DISTRICT JUDGE
    
    United States District Court for the District of Columbia
    
        United States of America, Plaintiff, vs. Greyhound Lines, Inc. 
    Defendant.
    
    [Case Number: 1:95CV01852]
    
        Judge: Royce C. Lamberth.
        Date Stamp: 09/28/95.
    
    Competitive Impact Statement
    
        Pursuant to Section 2(b) of the Antitrust Procedures and Penalties 
    Act (``APPA''), 15 U.S.C. 16(b)-(h), the United States files this 
    Competitive Impact Statement relating to the proposed Final Judgment 
    submitted for entry with the consent of Greyhound Lines, Inc. in this 
    antitrust proceeding.
    
    I
    
    Nature and Purpose of the Proceeding
    
        On September 28, 1995, the United States filed a Complaint alleging 
    that Greyhound Lines, Inc. (``Greyhound'') had violated Section 1 of 
    the Sherman Act, 15 U.S.C. 1. The Complaint challenges a provision in 
    Greyhound's bus terminal leases that prohibit tenant bus companies from 
    selling tickets for intercity bus transportation within a 25-mile 
    radius of Greyhound's terminals. The effect of this provision, commonly 
    known as the ``25-mile rule,'' has been to restrict competition in the 
    provision of intercity bus transportation service and in the sale of 
    tickets for such service.
        On September 28, 1995, the United States and Greyhound filed a 
    Stipulation by which they consented to the entry of a proposed Final 
    Judgment designed to eliminate the 25-mile rule and prevent Greyhound 
    from using any similar restriction. Under the proposed Final Judgment, 
    Greyhound would be required to remove the 25-mile rule from existing 
    terminal leases and would be enjoined from taking actions to 
    
    [[Page 53205]]
    impose similar restrictions on tenants in the future.
        The United States and Greyhound have agreed that the proposed Final 
    Judgment may be entered after compliance with the APPA. Entry of the 
    proposed Final Judgment will terminate the action, except that the 
    Court will retain jurisdiction to construe, modify, and enforce the 
    Final Judgment, and to punish violations of the its provisions.
    
    II
    
    Description of the Alleged Violation
    
        Greyhound is the only nationwide intercity but company providing 
    bus transportation services for passengers and package express. 
    Greyhound's total operating revenues for 1994 were approximately $616 
    million.
        Greyhound operates approximately 200 bus terminals throughout the 
    United States. Many smaller bus companies operate out of Greyhound's 
    terminals pursuant to agreements known as Bus Terminal License 
    (``BTL'') agreements. Currently. Greyhound has approximately 200 BTLs 
    in effect with tenant bus companies in approximately 135 cities.
        Under the terms of the BTLs, Greyhound acts as the tenant bus 
    companies' exclusive ticket agent, and also provides other services, 
    including baggage handling, package express handling, and maintenance 
    of the terminal facilities. The tenant bus companies pay rents based on 
    ticket sales, either in the form of a set commission on each ticket 
    sold or a pro rata share of the costs of operating the terminal. If a 
    tenant's sales fall below a certain level, it pays a minimum rental fee 
    specified in the BTL. The BTLs are terminable by either party on 30-
    days notice.
        In August of 1992, Greyhound notified its tenants that all existing 
    BTLs were to be terminated effective September 30, 1992, and that those 
    bus companies wishing to remain tenants of Greyhound would be required 
    to execute a new standardized BTL. Following several months of 
    negotiations, Greyhound and its tenants executed new BTLs, most of 
    which became effective in the first half of 1993.
        One of the new provisions contained in the current BTL agreements 
    between Greyhound and its tenants is the 25-mile rule. The provision 
    reads as follows:
    
        Subject to Section 1, Licensee agrees that during the term 
    hereof, it will use the Terminal as its major terminal in the City 
    of ________ for the aforesaid operations and will not without the 
    prior written consent of Company allow or permit any tickets or 
    busbills to be sold at any other place within a twenty-five (25) 
    mile radius of the Terminal, other than the Terminal, or honor the 
    tickets or busbills of any other carrier for such transportation 
    which are sold within the said twenty-five (25) mile radius. 
    Notwithstanding the foregoing, tickets or busbills of Licensee may 
    continue to be sold, and Licensee may honor the tickets or busbills 
    of other carriers which are sold, at any place within the twenty-
    five (25) mile radius where they are being sold as of the date of 
    this Agreement. A list of such places where tickets or busbills of 
    Licensee are sold within the twenty-five mile radius of the Terminal 
    is appended to this Agreement as Appendix 3. If Licensee wishes to 
    change any such place of sale of its tickets or busbills to another 
    place within five (5) miles of such place and within the said 
    twenty-five (25) mile radius of the Terminal, Licensee may make such 
    change upon thirty (30) days written notice to Company. It is 
    further understood that in all of Licensee's bus schedules and 
    advertising pertaining to its aforesaid operations, the Terminal 
    shall appear as the only place in the City of ________ where tickets 
    or busbills are on sale.
    
        The 25-mile rule prevents the tenant bus companies from selling bus 
    tickets within a 25-mile radius of the Greyhound terminal in which they 
    are a tenant, unless the location was grandfathered-in at the time the 
    BTL was negotiated. The tenant bus companies are also prohibited from 
    accepting bus tickets sold by any other carrier within the 25-mile 
    area. Thus, tenant bus companies are prohibited from selling tickets at 
    other bus terminals or stops, through travel agents, or by telephone 
    from locations within the 25-mile radius.
        The rule has anticompetitive effects in two types of markets: 
    intercity bus service and ticket distribution services. The effects on 
    intercity bus service are of great concern and occur when the tenant is 
    an actual or potential competitor of Greyhound in the provision of 
    intercity bus service (either alone or, more commonly, through 
    interlining with another carrier) in at least some city-pairs . In 
    addition, the rule eliminates competition in the distribution of bus 
    tickets, making Greyhound the exclusive ticket agent in the 25-mile 
    area.
        Although most cities and towns are served by only the Greyhound 
    terminal, in some larger metropolitan areas a second terminal exists. 
    Bus companies often wish to serve more than one terminal in the same 
    city in order to increase their opportunities to interline (exchange 
    passengers) with other bus companies. Interlining benefits consumers by 
    both increasing the number of destinations to which they have 
    convenient connecting service and, in some cases, by giving consumers a 
    choice between competing bus companies for at least part of their trip. 
    Because bus companies generally find it undesirable to operate out of a 
    terminal if originating passengers cannot purchase tickets there, the 
    25-mile rule effectively prevents the tenants from operating from the 
    second terminal. Indeed, by preventing Greyhound tenants from operating 
    out of multiple terminals, the 25-mile rule may inhibit establishment 
    of a second terminal. In addition, the 25-mile rule prevents tenant 
    carriers from operating from non-terminal facilities that may be 
    convenient for consumers, such as stops at airports, train stations, or 
    college campuses. The 25-mile rule thus acts to prevent Greyhound's 
    tenants from expanding their operations in ways that would 
    significantly benefit consumers.
    
    III
    
    Explanation of the Proposed Final Judgment
    
        The proposed Final Judgment is designed to eliminate the 25-mile 
    rule from existing BTLs and to prevent future actions by the defendant 
    to place similar restrictions on ticket sales or interlining by tenant 
    bus companies. Greyhound is required to remove the 25-mile rule from 
    each BTL within 60 days of the entry of the Final Judgment (Section 
    IV(A)). Greyhound is enjoined from conditioning access to its 
    terminals, directly or indirectly, on an agreement not to sell tickets 
    outside the Greyhound terminal (Section IV(B)1), terminating or 
    threatening to terminate a BTL where the purpose or effect is to 
    prohibit outside ticket sales (Section IV(B)2), or discriminating 
    against a tenant carrier in the terms and conditions of terminal access 
    where the purpose or effect is to prohibit outside ticket sales 
    (Section IV(B)3). Greyhound is also enjoined from refusing to interline 
    with a carrier unless that carrier agrees to interline exclusively with 
    Greyhound (Section IV(B)4).
        Aside from the prohibition of the 25-mile rule or any similar 
    restriction, the proposed Final Judgment does not limit Greyhound's 
    ability to negotiate rents and other BTL terms with its tenants and to 
    control terminal access (Section IV(C)). Within 60 days of entry of the 
    proposed Final Judgment, Greyhound must provide each tenant bus company 
    with a copy of the Final Judgment along with a written statement that 
    the 25-mile rule is no longer in effect (Section V). The proposed Final 
    Judgment further requires Greyhound to establish an antitrust 
    compliance program (Section VI) and file an annual certificate of 
    compliance with the 
    
    [[Page 53206]]
    Government (Section VII). The plaintiff may also obtain information 
    from the defendant concerning possible violations of the Final Judgment 
    (Section VIII).
    
    IV
    
    Remedies Available to Potential Private Litigants
    
        Section 4 of the Clayton Act, 15 U.S.C. 15, provides that any 
    person who has been injured in his business or property as a result of 
    conduct forbidden by the antitrust laws may bring suit in federal court 
    to recover three times the damages suffered, as well as costs and 
    reasonable attorneys fees. Entry of the proposed Final Judgment will 
    neither impair nor assist the bringing of any private antitrust damage 
    action. Under the provisions of Section 5(a) of the Clayton Act, 15 
    U.S.C. 16(a), the proposed Final Judgment has no prima facie effect in 
    any subsequent private lawsuit that may be brought.
    
    V
    
    Procedure Available for Modification of the Proposed Final Judgment
    
        The United States and defendant have stipulated that the proposed 
    Final Judgment may be entered by the Court after compliance with the 
    provisions of the APPA, provided that the United States has not 
    withdrawn its consent. The APPA conditions entry upon the Court's 
    determination that the proposed Final Judgment is in the public 
    interest.
        The APPA provides a period of at least 60 days preceding the 
    effective date of the proposed Final Judgment within which any person 
    may submit to the United States written comments regarding the proposed 
    Final Judgment. Any person who wishes to comment should do so within 60 
    days of the date of publication of this Competitive Impact Statement in 
    the Federal Register. The United States will evaluate the comments, 
    determine whether it should withdraw its consent, and respond to the 
    comments. The comments and the response of the United States will be 
    filed with the Court and published in the Federal Register.
        Written comments should be submitted to: Roger W. Fones, Chief, 
    Transportation, Energy & Agriculture Section, Antitrust Division, U.S. 
    Department of Justice, Judiciary Center Building, 555 Fourth Street 
    NW., Rm. 9104, Washington, DC 20001.
    
    VI
    
    Alternative to the Proposed Final Judgment
    
        The alternative to the proposed Final Judgment would be a full 
    trial of the case against Greyhound. In the view of the Department of 
    Justice, such a trial would involve substantial cost to the United 
    States and is not warranted because the proposed Final Judgment 
    provides relief that will remedy the violations of the Sherman Act 
    alleged in the Complaint.
    
    VII
    
    Determinative Materials and Documents
    
        There are no materials or documents that the United States 
    considered to be determinative in formulating this proposed Final 
    Judgment. Accordingly, none are being filed with this Competitive 
    Impact Statement.
    
        Dated: September 28, 1995.
    
        Respectfully submitted,
    Michael D. Billiel (D.C. Bar #394377),
    Michele B. Felasco,
    Attorneys, U.S. Department of Justice, Antitrust Division, 555 Fourth 
    Street, N.W., Washington, D.C. 20001, (202) 307-6666.
    
    Certificate of Service
    
        I hereby certify that I have caused a copy of the foregoing 
    Competitive Impact Statement to be served on counsel for defendant in 
    this matter in the manner set forth below:
        By hand: Mark F. Horning, Esquire, Steptoe & Johnson, 1330 
    Connecticut Ave., N.W., Washington, D.C. 20036-1795, for defendant 
    Greyhound Lines, Inc.
    
        Dated: September 28, 1995.
    Michael D. Billiel,
    Antitrust Division, U.S. Department of Justice, 555 Fourth Street, 
    N.W., Washington, D.C. 20001, (202) 307-6666.
    [FR Doc. 95-25289 Filed 10-11-95; 8:45 am]
    BILLING CODE 4410-01-M
    
    

Document Information

Published:
10/12/1995
Department:
Antitrust Division
Entry Type:
Notice
Document Number:
95-25289
Pages:
53202-53206 (5 pages)
PDF File:
95-25289.pdf