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JEANE HAMILTON
BARBARA J. NELSON
ANDREW S. HUANG
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

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

____________________________________

UNITED STATES OF AMERICA,

                  v.

DYWIDAG-SYSTEMS
INTERNATIONAL USA, INC.,

and

ADAM S. ALLAN,

         Defendants.
____________________________________


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No. CR 99 -20248 JF

INFORMATION

VIOLATION:
Title 15, United States Code,
Section 1 (Price Fixing)

San Jose Venue

Filed: December 15, 1999



The United States of America, acting through its attorneys, charges:

COUNT ONE

I.

DESCRIPTION OF THE OFFENSE

1. ADAM S. ALLAN and DYWIDAG-SYSTEMS INTERNATIONAL USA, INC. ("DSI") are made defendants on the charge stated below.

2. Beginning in or about December 1994 and continuing until in or about June 1996, the exact dates being unknown to the United States, the defendants and co-conspirators participated in a combination and conspiracy in unreasonable restraint of interstate trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1). 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 and maintain prices and divide the market through allocating market shares for certain post-tensioning bridge projects in California.

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. participating in conversations to discuss post-tensioning bridge projects in California;

  2. agreeing, during those conversations, to allocate market shares among the co-conspirators, including allocating a market share to defendant DSI;

  3. issuing bids and price quotations in accordance with the agreements reached; and

  4. exchanging information on sales of post-tensioning on bridge projects in California, for the purpose of monitoring and enforcing adherence to the agreed-upon market shares.

II.

DEFENDANT AND CO-CONSPIRATORS

4. ALLAN is a resident of the United States and citizen of Canada. During the period covered by this Information, ALLAN was the Western Division Manager of DSI, stationed in Long Beach, California.

5. DSI is a corporation organized and existing under the laws of the state of New York, with its principal place of business in Bolingbrook, Illinois. During the period covered by this Information, DSI was engaged in the business of producing and selling construction materials and services in the specialty construction industry, including post-tensioning and cable-stayed bridge materials and supplies.

6. Various corporations and individuals, not made defendants in this Information, participated as co-conspirators in the offense charged herein 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.

III.

TRADE AND COMMERCE

8. Post tensioning is a specialty construction system used to reinforce concrete used in bridges or other structures.

9. During the period covered by this Information, the defendants and co-conspirators purchased, sold and distributed post-tensioning materials and supplies in a continuous and uninterrupted flow of interstate commerce from the states of manufacture to customers located in California. In addition, some of the post-tensioning bridge projects allocated by defendants and co-conspirators pursuant to the market division scheme were part of the interstate highway system and paid for by federal monies.

10. The business activities of the defendants and co-conspirators that are the subject of Count One of this Information were within the flow of, and substantially affected, interstate trade and commerce.

IV.

JURISDICTION AND VENUE

11. The combination and conspiracy charged in Count One of this Information was carried out, in part, in the Northern District of California, within the five years preceding the filing of this Information.

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

COUNT TWO

The United States of America further charges:

12. Paragraphs 5 through 7 of Count One of this Information are repeated, realleged and incorporated in Count Two as if fully set forth in this Count.

I.

DESCRIPTION OF THE OFFENSE

13. DYWIDAG-SYSTEMS INTERNATIONAL USA, INC. ("DSI") is made a defendant on the charge stated below.

14. Beginning in or about June 1996 and continuing until in or about September 1997, the exact dates being unknown to the United States, the defendant and co-conspirators participated in a combination and conspiracy in unreasonable restraint of interstate trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1). 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 rig bids and allocate contracts for the sale of materials and supplies used in construction of cable-stayed bridges in the United States.

15. 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. participating in conversations to discuss upcoming cable-stayed bridge projects in the United States;

  2. agreeing, during one such conversation, to allocate several upcoming cable-stayed bridge projects in the United States among the defendant and co-conspirators; and

  3. submitting artificially high, non-competitive bids in accordance with the agreements reached.

II.

TRADE AND COMMERCE

16. Cable-stayed bridges are built using a form of specialty construction. The deck of a cable-stayed bridge is suspended from cables attached to load-bearing towers.

17. During the period covered by this Information, the defendant and co-conspirators manufactured, sold and distributed materials and supplies used in the construction of cable-stayed bridges in a continuous and uninterrupted flow of interstate commerce from the states of manufacture to customers located in other states. In addition, some of the cable-stayed bridge projects allocated by defendant and co-conspirators pursuant to the charged scheme were part of the interstate highway system and paid for by federal monies.

18. The business activities of the defendant and co-conspirators that are the subject of Count Two of this Information were within the flow of, and substantially affected, interstate trade and commerce.

III.

JURISDICTION

19. The combination and conspiracy charged in Count Two of this Information was carried out in part within the five years preceding the filing of this Information.

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

_______________/s/________________
Joel I. Klein
Assistant Attorney General

_______________/s/________________
Gary R. Spratling
Deputy Assistant Attorney General

_______________/s/________________
James M. Griffin
Director of Criminal Enforcement

_______________/s/________________
Robert S. Mueller III
United States Attorney
Northern District of California

_______________/s/________________
Christopher S Crook
Chief, San Francisco Office

_______________/s/________________
Jeane Hamilton
Barbara J. Nelson
Andrew S. Huang

Attorneys

U.S. Department of Justice
Antitrust Division
450 Golden Gate Avenue
Box 36046, Room 10-0101
San Francisco, CA 94102
(415) 436-6660