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to the merger fail to comply with any court order compelling | | compliance with such conditions or measures, the Superior | | Court may impose additional equitable remedies to secure | | compliance with its orders, including the exercise of civil | | contempt powers or appointment of a receiver. If these | | additional measures are not effective in securing compliance | | with the conditions or measures and the Superior Court | | determines that the advantages to be gained by divestiture | | outweigh the unavoidable costs of requiring divestiture, the | | Superior Court may revoke the certificate and order | | divestiture of assets. |
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| | | C.__In an action brought under this subsection, the Attorney | | General has the burden of proving by a preponderance of the | | evidence the basis for any equitable remedies requested by | | the Attorney General and adopted by the Superior Court. |
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| | | 7.__Effect of court action.__After the filing of a court | | action under subsection 5 or 6, the department may not take any | | further action under this chapter until the court action is | | dismissed by the Attorney General or the Superior Court orders | | the department to take further action. |
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| | | 8.__Fees and costs. If the Attorney General prevails in an | | action under this section, the Attorney General and the | | department are entitled to an award of the reasonable costs of | | deposition transcripts incurred in the course of the | | investigation or litigation and reasonable attorney's fees, | | expert witness fees and court costs incurred in litigation. |
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| | | 9.__Resolution by consent decree. The Superior Court may | | resolve any action brought by the Attorney General under this | | chapter by entering an order with the consent of the parties. The | | consent decree may contain any conditions authorized by section | | 1844, subsection 5, paragraph C or conditions or measures | | authorized under section 1845, subsection 3.__A consent decree | | under this subsection may not be filed with the Superior Court | | until 30 days after the filing of the application under section | | 1844, subsection 2. Upon the entry of such an order, the parties | | to the cooperative agreement have the protection specified in | | section 1849 and the cooperative agreement has the effectiveness | | specified in section 1849. |
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| | | §1849.__Effect of filing an application under this chapter; |
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| | | 1.__Validity of certified cooperative agreements.__ | | Notwithstanding Title 5, chapter 10; Title 10, chapter 201; or | | any other provision of law, a cooperative agreement for which a | | certificate of public advantage has been issued is a lawful |
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