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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
UNITED STATES OF AMERICA )
) Criminal No.: 95-10296MLW
v. )
) 15 U.S.C. § 1
MITSUBISHI PAPER MILLS, LTD., )
) Filed: [9/26/95]
)
Defendant. ) Judge Wolf
)
INFORMATION
The United States of America, acting through its attorneys,
charges:
I
DESCRIPTION OF THE OFFENSE
1. MITSUBISHI PAPER MILLS, LTD. is made a defendant herein.
2. Beginning in July 1991 and continuing until early 1992,
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
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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:
(a) discussed and agreed to increase the price of fax
paper sold in the United States;
(b) met in Tarrytown, New York in July 1991 and agreed
to increase the price of fax paper sold to
customers in the United States;
(c) met on other occasions and participated in
telephone conversations to confirm each firm's
participation in the conspiracy and to confirm that
the price increase would be implemented;
(d) issued price increase announcements, directly or
through their trading houses, to customers in the
United States in accordance with their agreement;
and
(e) charged higher prices to fax paper customers in the
United States, directly or through their trading
houses.
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II
DEFENDANT AND CO-CONSPIRATORS
5. MITSUBISHI PAPER MILLS, LTD. ("MPM"), is a corporation
organized and existing under the laws of Japan, and has its
principal place of business in Tokyo, Japan. During the period
covered by this Information, MPM manufactured fax paper in Japan
and sold it for import to customers in the United States through
a trading house, Mitsubishi Corporation (a Japanese corporation
located in Tokyo, Japan) and its subsidiary, Mitsubishi
International Corporation (a U.S. corporation with its principal
place of business located in New York, New York). In 1991, MPM
sold approximately $4.8 million 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.
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III
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 of fax paper, buy fax paper
and cut the jumbo rolls 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:
(a) purchased materials from outside the Commonwealth
of Massachusetts for use in the business of
producing and selling fax paper;
(b) made sales to customers located in various states
in the United States; and
(c) invoiced and received payments from customers
located in various states in the United States.
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.
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IV
JURISDICTION AND VENUE
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
Dated:
"/s/" "/s/"
ANNE K. BINGAMAN LISA M. PHELAN
Assistant Attorney General
"/s/" "/s/"
GARY R. SPRATLING SHERYL L. ROBINSON
Deputy Assistant Attorney
General
Attorneys, Antitrust Division
U.S. Department of Justice
1401 H Street, N.W., Suite 3000
"/s/" Washington, D.C. 20530
J. ROBERT KRAMER II (202) 307-1166
"/s/"
DAVID A. BLOTNER
Attorneys, Antitrust Division
U.S. Department of Justice
"/s/"
DONALD K. STERN
United States Attorney
District of Massachusetts
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