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UNITED STATES DISTRICT COURT FOR THE
The United States of America, acting through its attorneys, charges: 1. DYNO NOBEL INC. is made a defendant.
2. Beginning sometime in the Fall of 1988 and continuing at least into mid-1992, the exact dates being unknown to the United States, the defendant and co-conspirators entered into and engaged in a combination and conspiracy to fix prices on the sale of certain commercial explosives in western Kentucky, southern Indiana and southern Illinois ("West Kentucky Region"). The combination and conspiracy unreasonably restrained interstate trade and commerce in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. 3. The combination and conspiracy consisted of a continuing agreement, understanding and concert of action among the defendant and co-conspirators to fix prices, allocate customers, and rig bids on certain commercial explosives offered for sale in the West Kentucky Region. 4. For the purpose of forming and carrying out the charged combination and conspiracy in the West Kentucky Region, the defendant and co-conspirators did the following things, among others:
5. The defendant, formerly known as IRECO Incorporated, is a Delaware corporation headquartered in Salt Lake City, Utah. The defendant is engaged in the manufacture, distribution and sale of commercial explosives throughout the United States. At all times relevant to this Information, the defendant did business in the West Kentucky Region and in Texas through a network of partially owned or wholly owned subsidiary distributors. 6. Various persons and firms, not made defendants in this Information, participated as co-conspirators in the charged combination and conspiracy, and performed acts and made statements in furtherance of it. 7. Whenever this Information refers to any act, deed or transaction of any corporation, it means that the corporation engaged in the act, deed or transaction by or through its officers, directors, agents, employees or other representatives while they were actively engaged in the management, direction, control or transaction of its business or affairs. 8. Commercial explosives are chemical products, such as high explosives and blasting agents, initiating devices and accessories that are used in the coal and metal mining, quarry and construction industries. 9. During the period covered by this Information, the defendant and co-conspirators sold and distributed commercial explosives in the West Kentucky Region that were manufactured outside that Region. These commercial explosives were shipped in a continuous and uninterrupted flow of interstate commerce from their places of manufacture to customers located in the West Kentucky Region. 10. The activities of the defendant and co-conspirators that are the subject of this Information were within the flow of, and substantially affected, interstate trade and commerce. 11. The combination and conspiracy charged in Count One of this Information was carried out, in part, within the Northern District of Texas within the five years preceding the filing of this Information. 12. Each and every allegation contained in Paragraphs 5 through 8 and 10 are realleged with the same force and effect as if fully set forth in this Count. 13. Beginning sometime in the Fall of 1990 and continuing through 1992, the exact dates being unknown to the United States, the defendant and co-conspirators entered into and engaged in a combination and conspiracy to suppress and eliminate competition by allocating three limestone quarry accounts located in central Texas that purchased certain commercial explosives. The combination and conspiracy unreasonably restrained interstate trade and commerce in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. 14. The combination and conspiracy consisted of a continuing agreement, understanding and concert of action among the defendant and co-conspirators to allocate among themselves three limestone quarry accounts in central Texas that purchased certain commercial explosives: the Lafarge Corporation quarry at New Braunfels, the Redland Stone quarry at San Antonio and the Texas Crushed Stone quarry at Georgetown, Texas. 15. For the purpose of forming and carrying out the charged combination and conspiracy, the defendant and co-conspirators did the following things, among others:
16. During the period covered by this Information, the defendant and co-conspirators sold and distributed commercial explosives in Texas that were manufactured outside of Texas. These commercial explosives were shipped in a continuous and uninterrupted flow of interstate commerce from their places of manufacture to customers located in Texas. 17. The combination and conspiracy charged in Count Two of this Information was carried out, in part, within the Northern District of Texas within the five years preceding the filing of this Information. ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1. Dated:
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