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Originally Posted by DiapDealer
I'm tired of guesses. I want someone to explain to me in detail, exactly how this comment period works.
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So, go find a lawyer, and pay him to explain it to you.
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Originally Posted by DiapDealer
Are all comments accepted and considered, or are they weighted/combined? Surely it's not a secret.
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The DoJ solicits comments per the Antitrust Procedures and Penalties Act, and they are filed in the Federal Register.
The judge in the case will read them, and use that as part of the consideration for whether or not to accept the settlement. The judge can use whatever criterion he/she chooses, within the bounds of the law.
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Originally Posted by DiapDealer
Because let's face it: if 150 is a lot then it's obviously not a "come one, come all" situation. And if it's not a "come one, come all" situation, how does one make it past the velvet rope?
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Most people don't know about it.
And the courts are not supposed to be swayed by public opinion in the same way as an elected representative. Their yardstick ought to be whether the settlement is consistent with the law, and is a minimally acceptable resolution of the issue.
It's also rather rare for a judge to actually overturn a settlement. It does happen, but either the settlement needs to be really egregious, or the judge has to really think there's a notable public benefit to a trial, to nix a settlement.