This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF IOWA
WESTERN DIVISION



UNITED STATES OF AMERICA,       

                  Plaintiff,

                  v.

GREAT LAKES CONCRETE, INC.,

                  Defendant.


)
)
)
)
)
)
)
)
)
)
)
)         
Criminal No.: CR 11 - 4109 MWB

Filed: 08/15/11

Violation: 15 U.S.C. 1



INFORMATION

The United States of America charges:

I.

IDESCRIPTION OF THE OFFENSE

1. Beginning at least as early as January 2008 and continuing until as late as August 2009, the exact dates being unknown, the defendant and co-conspirators entered into and engaged in a combination and conspiracy to suppress and eliminate competition by fixing prices and rigging bids relating to sales of ready-mix concrete in the Northern District of Iowa. The combination and conspiracy engaged in by the defendant and co-conspirators was in unreasonable restraint of interstate trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. 1).

2. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendant and co-conspirators, the substantial terms of which were to fix prices and rig bids relating to sales of ready-mix concrete in the Northern District of Iowa.

II.

MEANS AND METHODS OF THE CONSPIRACY

3. 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:

  1. engaging in discussions in the Northern District of Iowa concerning prices on the conspirators' annual price lists for ready-mix concrete sold in the Northern District of Iowa;
  2. agreeing during those discussions to set certain prices for ready-mix concrete sold in the Northern District of Iowa;
  3. engaging in discussions in the Northern District of Iowa concerning project bids for sales of ready-mix concrete in the Northern District of Iowa;
  4. agreeing during those discussions to submit rigged bids at collusive and noncompetitive prices to customers in the Northern District of Iowa;
  5. submitting bids and selling ready-mix concrete at collusive and noncompetitive prices in the Northern District of Iowa; and
  6. accepting payment for sales of ready-mix concrete at collusive and noncompetitive prices in the Northern District of Iowa.

III.

IDEFENDANT AND CO-CONSPIRATORS

4. During the period covered by this Information, the defendant was a corporation organized and existing in the State of Iowa with its principal place of business in Spencer, IA. During the period set forth in this Information, the defendant was a producer and seller of ready-mix concrete in the Northern District of Iowa.

5. Another corporation, GCC Alliance Concrete, Inc., a producer and seller of ready-mix concrete in the Northern District of Iowa, along with individuals not made defendants in this Information, participated as co-conspirators in the offense charged herein and performed acts and made statements in furtherance thereof.

6. 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, agents, employees, or other representatives while they were actively engaged in the management, direction, control or transaction of its business or affairs.

IV.

TRADE AND COMMERCE

7. Ready-mix concrete is a product whose ingredients include cement, aggregate (sand and gravel), water, and, at times, other additives. Ready-mix concrete is used in various types of construction projects, including buildings and roads. Ready-mix concrete generally is produced in a concrete plant and is transported to work sites by concrete-mixer trucks.

8. During the period covered by this Information, substantial quantities of equipment and materials necessary to produce ready-mix concrete, and/or payments for such ready-mix concrete, traveled in interstate commerce.

9. During the period covered by this Information, the business activities of the defendant and its co-conspirators in connection with the sales of ready-mix concrete that are the subject of this Information were within the flow of, and substantially affected, interstate commerce.

V.

JURISDICTION AND VENUE

10. The combination and conspiracy charged in this Information was carried out within the Northern District of Iowa within the five years preceding the date of this Information.

ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.



_______________/s/________________
CHRISTINE A. VARNEY
Assistant Attorney General



_______________/s/________________
SCOTT D. HAMMOND
Deputy Assistant Attorney General







_______________/s/________________
JOHN TERZAKEN
Director of Criminal Enforcement
Antitrust Division
U.S. Department of Justice
_______________/s/________________
Marvin Price
Chief, Chicago Field Office



_______________/s/________________
Andre M. Geverola
Robert Jacobs
L. Heidi Manschreck
Attorneys
Antitrust Division
U.S. Department of Justice
209 S. LaSalle St., Suite 600
Chicago, IL 60604
Tel.: 312-353-7530