[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Pages 42211-42212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15872]


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DEPARTMENT OF JUSTICE

Antitrust Division


Proposed Termination of Judgment

    Notice is hereby given that International Sign Association 
(``ISA''), successor in interest to National Electric Sign Association 
(``NESA''), a defendant in United States v. National Electric Sign 
Association et al., Civil Action No. 51 C 2064 (N.D. I11.), has filed a 
motion to terminate the Final Judgment entered in that matter on April 
5, 1954, as it affects NESA and its successors in interest. The 
Antitrust Division of the Department of Justice, in a stipulation also 
filed with the Court, tentatively has consented to termination of the 
Final Judgment, but has reserved the right to withdraw its consent 
pending receipt of public comments.
    On December 18, 1951, the United States filed a complaint against 
NESA and three individual defendants who were members of NESA. The 
complaint alleged that NESA excluded from membership in its Supply 
distributor Section any parts distributor who also engaged in the 
manufacture of electric signs or who resold sign parts at less than the 
parts manufacturers' suggested resale price. The complaint also charged 
that NESA attempted to coerce parts manufacturers into selling parts 
only to parts distributors and not directly to sign manufacturers or to 
parts distributors also engaged in the business of manufacturing signs.
    On April 5, 1954, defendants entered a consent decree. Under the 
decree, defendants were restrained from discriminatory conduct in 
granting membership in NESA or in charging dues to NESA members. The 
decree also required defendants to amend NESA's bylaws so as to 
incorporate Sections V and VI of the Final Judgment and to furnish to 
each of its present and future members a copy of the Final Judgment.

[[Page 42212]]

Sections V and VI of the Final Judgment proscribed defendants from 
engaging in any exclusionary or otherwise potentially or patently 
anticompetitive conduct such as price fixing, market allocation, 
concerted refusals to deal, resale price maintenance, or evaluations of 
parts manufacturers, parts distributors, or sign manufacturers that are 
disseminated among association members. Finally, NESA was restrained 
under the consent decree from holding a national meeting without giving 
notice to all of its members or a regional meeting without giving 
notice to all of its members in the appropriate region. The provisions 
of the Final Judgment are applicable to NESA and its successors, 
including ISA.
    The Department has filed with the Court a memorandum setting forth 
the reasons why the United States believes that termination of the 
Final Judgment would serve the public interest. Copies of defendants' 
motion papers, the stipulation containing the United States' tentative 
consent, the United States' memorandum, and all further papers filed 
with the Court in connection with this motion will be available for 
inspection at the Antitrust Documents Group, Antitrust Division, Room 
213, 325 7th Street, NW., Washington, DC 20004, and at the Office of 
the Clerk of the United States District Court for the Northern District 
of Illinois, Eastern Division. Copies of these materials may be 
obtained from the Antitrust Division upon request and payment of the 
copying fee set by Department of Justice regulations.
    Interested persons may submit comments regarding the proposed 
termination of the Final Judgment to the United States. Such comments 
must be received by the Antitrust Division within sixty (60) days and 
will be filed with the Court by the United States. Comments should be 
addressed to Maribeth Petrizzi, Chief, Litigation II Section, Antitrust 
Division, U.S. Department of Justice, 1401 H Street, NW., Suite 3000, 
Washington, DC 20530 (202-307-0924).

Dorothy B. Fountain,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 04-15872 Filed 7-13-04; 8:45 am]
BILLING CODE 4410-11-M