IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA
v.
DEAD SEA BROMINE
COMPANY, LTD
Defendant.
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Criminal No.: 300-CR-296-R
Filed: July 27, 2000
Violation: 15 U.S.C. §1
Conspiracy to Restrain
Interstate Commerce
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INFORMATION
The United States of America, acting through its attorneys, charges:
I
DESCRIPTION OF THE OFFENSE
1. Dead Sea Bromine Company, Ltd. ("Dead Sea"), a corporation
organized and existing under the laws of the State of Israel, is made a defendant on
the charge stated below.
2. Beginning in July, 1995 and continuing until April, 1998, the exact
dates being unknown to the United States, the defendant and co-conspirators
entered into and participated in a combination and conspiracy to suppress and
eliminate competition by allocating customers and fixing the price for TBBA, DECA
and 100% methyl bromide sold in the United States. The combination and
conspiracy engaged in by the defendant and co-conspirators was in unreasonable
restraint of interstate commerce in violation of Section 1 of the Sherman Act (15
U.S.C. § 1).
3. The charged combination and conspiracy:
- consisted of a continuing agreement, understanding, and concert
of action among the defendant and co-conspirators regarding certain products
sold by the defendant and its corporate conspirator in the United States, the
substantial terms of which were to:
- fix, increase, and maintain prices for the sale of such
products in the United States; and,
- allocate among the corporate conspirators the customers
in the United States to whom certain of these products would be soldby each
conspirator.
- affected the following products for the indicated time periods
during the combination and conspiracy charged in this Information:
- DECA sold in the United States from October, 1997, until
April, 1998;
- TBBA sold in the United States from July, 1995, until
April, 1998; and,
- 100% methyl bromide sold in the United States from
March, 1997, until April, 1998.
4. For the purpose of forming and carrying out the charged combination
and conspiracy, the defendant and co-conspirators did those things that they
combined and conspired to do including, among other things:
- participating in meetings and conversations in the United
States, Europe, Israel and elsewhere to discuss the prices of TBBA, DECA
and 100% methyl bromide sold in the United States and the allocation of
customers in the United States to whom certain of the products would be sold
by each co-conspirator;
- agreeing, during such meetings and conversations regarding
such products, to fix, increase, and maintain prices at certain levels in the
United States;
- agreeing, during such meetings and conversations regarding
such products, to allocate among the corporate conspirators the customers in
the United States to whom certain of these products would be sold by each
conspirator;
- exchanging sales and customer information for the purpose of
monitoring and enforcing adherence to the above-described agreements; and
- selling such products at the agreed-upon prices and in
accordance with the agreed upon customer allocations in the United States.
II
DEFINITIONS
5. As used in this Information, the term:
- "TBBA" means tetrabrombisphenol-A, a reactive and additive
flame retardant used in the manufacture of epoxy, phenolic and
polycarbonate resins. The chemical formula for TBBA is
C15H12Br4O2.
- "DECA" means decabromodiphenyloxide, an inert additive flame
retardant used in the manufacture of thermoplastics and fibers. The
chemical formula for DECA is C12Br10O.
- "100% methyl bromide" means a colorless, odorless gas used in
its pure form for space fumigation. The chemical formula for 100% methyl
bromide is CH3Br.
III
DEFENDANT AND CO-CONSPIRATORS
6. During the relevant period, Dead Sea was a corporation organized and
existing under the laws of the State of Israel, with its principal place of business in
Beer Sheva, Israel. Dead Sea manufactures TBBA, DECA and 100% methyl
bromide in Israel and is engaged in the sale of TBBA, DECA and 100% methyl
bromide throughout the United States.
7. Various corporations and individuals not made defendants herein
participated as co-conspirators in the offense charged herein and performed acts
and made statements in furtherance thereof.
8. Wherever in this Information reference is made to any act, deed, or
transaction of a corporation, the allegation means that the corporation engaged in
the act, deed, or transaction by or through its officers, directors, agents, employees,
or representatives while they were actively engaged in the management, direction,
control, or transaction of its business or affairs.
IV
TRADE AND COMMERCE
9. During the period covered by this Information, the defendant and
co-conspirators sold and distributed substantial quantities of TBBA, DECA and
100% methyl bromide in a continuous and uninterrupted flow of interstate
commerce.
10. During the period covered by this Information, the activities of the
defendant and co-conspirators that are the subject of this Information were within
the flow of, and substantially affected, interstate commerce.
V
JURISDICTION AND VENUE
11. The combination and conspiracy charged in 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.
_______________/s/________________
JOEL I. KLEIN
Assistant Attorney General
_______________/s/________________
JAMES M. GRIFFIN
Deputy Assistant Attorney General
_______________/s/________________
SCOTT D. HAMMOND
Director of Criminal Enforcement
Antitrust Division
U.S. Department of Justice
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_______________/s/________________
ALAN A. PASON
Chief, Dallas Field Office
_______________/s/________________
DAVID B. SHAPIRO
KAREN J. SHARP
MONICA L. WALTERS
Attorneys, Antitrust Division
U.S. Department of Justice
Dallas Field Office
Thanksgiving Tower
1601 Elm Street, Suite 4950
Dallas, Texas 75201-4717
Tel.: (214) 880-9401
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