Stipulation in Support of Expedited Sentencing Pursuant to L.R. 32-1(b)

Date: 
Wednesday, April 5, 2006
Document Type: 
Stipulations - Miscellaneous
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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

Filed April 5, 2006

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

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

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
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

Attachments: 
Updated June 30, 2015