NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
The United States of America, acting through its attorneys, charges:
DESCRIPTION OF THE OFFENSE
1. SABRY LEE (U.S.A.), INC. (“defendant”) is made a defendant on the charge stated below:
2. From about September 2003 until about September 2005, the defendant and its coconspirators entered into and engaged in a combination and conspiracy in the United States and elsewhere to suppress and eliminate competition by fixing the prices of aftermarket auto lights. The combination and conspiracy engaged in by the defendant and its coconspirators was an unreasonable restraint of interstate and foreign trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1). The defendant knowingly joined and participated in the charged conspiracy from about September 2003 until about September 2005.
3. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendant and its coconspirators, the substantial terms of which were to agree to fix the prices of aftermarket auto lights.
4. For the purpose of forming and carrying out the charged combination and conspiracy, the defendant and its coconspirators did those things that they combined and conspired to do, including, among other things:
5. SABRY LEE (U.S.A), INC. is a corporation organized and existing under the laws of California. During the time period covered by this Information, the defendant engaged in the business of selling aftermarket auto lights in the United States as a distributor for Company A, an entity organized and existing under the laws of Taiwan.
6. Various corporations and individuals, not made defendants in this Information, participated as coconspirators in the offense charged in this Information and performed acts and made statements in furtherance of it.
7. Whenever in this Information reference is made to any act, deed, or transaction of any corporation, the allegation means that the corporation engaged in the act, deed, or transaction by or through its officers, directors, employees, agents, or other representatives while they were actively engaged in the management, direction, control, or transaction of its business or affairs.
8. Aftermarket auto lights are lights incorporated into an automobile after its original sale, usually as repairs following a collision, but also as accessories and upgrades. Lighting components include items such as headlights, taillights, fog lights, turn signals, brake signals, and reflectors.
9. During the period covered by this Information, the defendant and its coconspirators sold and distributed aftermarket auto lights in a continuous and uninterrupted flow of interstate and foreign trade and commerce to customers located in states or countries other than the states or countries in which aftermarket auto lights were produced.
10. During the period covered by this Information, the business activities of the defendant and coconspirators that are the subject of this Information were within the flow of, and substantially affected, interstate and foreign trade and commerce.
11. The combination and conspiracy charged in this Information was carried out, in part, in the Northern District of California.
ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.