UNITED STATES DISTRICT COURT
The United States of America, acting through its attorneys, charges:
1. HONSHU PAPER CO., LTD. is made a defendant herein.
2. Beginning in August 1991 and continuing until at least the end of 1991, the exact dates being unknown to the United States, the defendant and co-conspirators engaged in a combination and conspiracy in unreasonable restraint of foreign and interstate trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1).
3. The aforesaid combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendant and co-conspirators, the substantial term of which was to fix prices of jumbo roll thermal facsimile paper ("fax paper") sold in the United States.
4. For the purpose of forming and carrying out the charged combination and conspiracy, the defendant and co-conspirators did the following things, among others:
DEFENDANT AND CO-CONSPIRATORS
5. HONSHU PAPER CO., LTD. ("HONSHU"), is a corporation organized and existing under the laws of Japan, and has its principal place of business in Tokyo, Japan. HONSHU has a satellite office located in Seattle, Washington. During the period covered by this Information, HONSHU manufactured fax paper in Japan and sold it for import to customers in the United States, through trading houses in Japan and their United States subsidiaries. In 1991, HONSHU sold approximately $550,000 dollars of fax paper for import to customers in the United States.
6. Whenever in this Information reference is made to any act, deed, or transaction of any corporation, such allegation shall be deemed to mean that the corporation engaged in such 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.
7. Various persons and firms, not made defendants herein, participated as co-conspirators in the offense charged in this Information and performed acts and made statements in furtherance thereof.
TRADE AND COMMERCE
8. Fax paper is a type of specialty paper with a chemical coating that allows it to produce an image by a transfer of thermal energy from a print head. Fax paper manufacturers produce the paper in bulk rolls, which are commonly referred to as jumbo rolls. Jumbo rolls are approximately 40 to 50 inches in width and weigh up to 2,000 pounds. Converters, independent firms that are the primary customers for fax paper, buy the jumbo rolls of fax paper and cut it down into smaller finished rolls that are suitable for use in fax machines, certain medical printing equipment, and other uses.
9. During the period covered by this Information, the defendant and co-conspirators:
10. During the period covered by this Information, the business activities of the defendant and co-conspirators, as charged in this Information, were within the flow of, and substantially affected, foreign and interstate commerce.
11. The conspiracy charged in this Information was carried out, in part, within the District of Massachusetts within the five years preceding the filing of this Information.
ALL IN VIOLATION OF 15 U.S.C. § 1