NIALL E. LYNCH (CSBN 157959)
LIDIA SPIROFF (CSBN 222253)
SIDNEY A. MAJALYA (CSBN 205047)
LARA M. KROOP (CSBN 239512)
Antitrust Division
U.S. Department of Justice
450 Golden Gate Avenue
Box 36046, Room 10-0101
San Francisco, CA 94102
Telephone: (415) 436-6660
Attorneys for the United States
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Filed April 5, 2006
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
UNITED STATES OF AMERICA
v.
SOLVAY S.A.,
Defendant.
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Case No. CR 06-0159 MMC STIPULATION IN SUPPORT OF EXPEDITED SENTENCING PURSUANT TO L.R. 32-1(b)
DATE: | April 19, 2006 |
TIME: | 2:30 p.m. |
COURT: | Hon. Maxine M. Chesney |
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On March 14, 2006, the United States filed a two-count Information charging Solvay S.A.
("Solvay") with one count of participating in a conspiracy in the United States and elsewhere to
suppress and eliminate competition by fixing the price of hydrogen peroxide (Count One) beginning
on or about July 1, 1998 and continuing until on or about December 1, 2001, in violation of the
Sherman Antitrust Act, 15 U.S.C. § 1, and also charging Solvay with one count of participating in a
conspiracy to suppress and eliminate competition by fixing the price of sodium perborates sold to
Procter & Gamble (Count Two) beginning on or about June 1, 2000 and continuing until on or about
December 1, 2001, in violation of the Sherman Antitrust Act, 15 U.S.C. § 1. Solvay is scheduled for
a change of plea and possible sentencing before this Court on April 19, 2006. Solvay will waive
Indictment and plead guilty under Fed. R. Crim. P. 11(c)(1)(C). The United States and Solvay have
filed a Joint Sentencing Memorandum describing the material terms of the plea agreement and the
agreed upon sentencing recommendation.
IT IS HEREBY STIPULATED AND AGREED as follows:
Solvay waives its right to a presentence report. The United States and Solvay request that
the Court sentence Solvay on an expedited basis pursuant to Crim. L.R. 32-1(b), on April 19, 2006.
The United States and Solvay respectfully submit that the Joint Sentencing Memorandum and the
Plea Agreement provide sufficient information for the Court to impose a sentence on April 19, 2006,
the same date as the change of plea hearing, without a presentence report.
DATED: April 5____, 2006 |
Respectfully submitted, |
SOLVAY S.A.
BY: | _______________/s/________________
Edwin J. Buckingham III, Esq.
General Counsel
Solvay America, Inc.
| COUNSEL FOR DEFENDANT
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BY: | _______________/s/________________
Steven W. Thomas, Esq.
Steven R. Peikin, Esq.
Adam S. Paris, Esq.
Sullivan & Cromwell LLP
1888 Century Park East
Los Angeles, CA 90067
Telephone: (310) 712-6600
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U.S. DEPARTMENT OF JUSTICE
BY: | _______________/s/________________
Niall E. Lynch
Assistant Chief, San Francisco Office
Lidia Spiroff
Sidney A. Majalya
Lara M. Kroop
Trial Attorneys
U.S. Department of Justice
Antitrust Division
450 Golden Gate Avenue
Box 36046, Room 10-0101
San Francisco, CA 94102
Telephone: (415) 436-6660
Fax: (415) 436-6687
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