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.

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA


UNITED STATES OF AMERICA,
                 

                  v.

MITSUBISHI CORPORATION,          

                           Defendant.

|
|
|
|
|
|
|
|
|
|
|         
Criminal No. 00-033

Judge Marvin Katz

Violations: 15 U.S.C. 1 and 18 U.S.C. 2(a)

Filed: 05/16/00


GOVERNMENT'S VOLUNTARY BILL OF PARTICULARS

Without admitting that the defendant has any legal right to any particulars other than those set forth in the Indictment and fully reserving all rights it may have to oppose or object to any request contained in the defendant's letter of February 11, 2000, requesting a Bill of Particulars, and further reserving the right to file further and amended particulars prior to trial, the United States of America, by its attorneys, voluntarily files this bill based on present knowledge, information and belief.

1.  The unindicted corporate and individual co-conspirators described in the Indictment that are presently known to the United States are listed below. The individual co-conspirators were employed by their respective co-conspirator corporations during all or part of the charged conspiracy.

  1. Nippon Carbon Co. Ltd., Tokyo, Japan

    Shinichi Mori
    Yutaka Okada
    Yasuo Sakai
    Toshiko Takami
    Hirofumi Takado
    Yoshitake Yamagucchi

  2. Pechiney Balzac S.A., Coarbevoie, France

    Claude Calvez
    Phillipe D'Argenlieu

  3. Primary Industries, Inc., Tokyo, Japan

    Gen Hibi

  4. The Carbide/Graphite Group, Inc., Pittsburgh, PA

    James G. Baldwin
    Walter Fowler
    David Higginbotham
    Nicholas Kaiser
    Donald Masyada
    Thomas L. Parks

  5. SEC Corporation, Hyogo, Japan

    Takao Okabe
    Shigeki Takahara

  6. SGL Carbon AG, Wiesbaden, Germany

    Rolf Ahele
    Robert J. Koehler
    H. Manfred Schuecker

  7. Showa Denko KK, Tokyo, Japan and its U.S. subsidiary,
    Showa Denko Carbon, Inc., Ridgeville, SC

    Employed only by Showa Denko KK:

    Yoshiaki Furihata
    Makato Murata
    Hitoshi Tanaka

    Employed during various periods of the conspiracy by Showa Denko
    KK or Showa Denko Carbon, Inc.:

    Keiji Ishi
    Koh Matsushita
    Koji Tanaka
    Yoshi Watanabe
    Kazue Yamato

    Employed only by Showa Denko Carbon, Inc.:

    Robert C. Whitten

  8. Tokai Carbon Co. Ltd., Tokyo, Japan

    Yosiyuki Atsuji
    Yoshio Hirata
    Masahisa Sanmonji
    Yukio Tomita
    Naoshi Takahashi
    Hiroshi Yamazaki

    (i) UCAR Carbon Company and UCAR International, Inc., Danbury CT

    Frederick G. Bailine
    Thomas W. Burkett
    Robert J. Hart
    James Howell
    Robert P. Krass
    Maurice Marcellin
    Raymond Pelletier
    Georges Schwegler

  9. VAW Carbon GmbH, Germany

    Manfred Mueller

2. The conspiracy affected all countries in the free world where the conspirators marketed graphite electrodes. Home market leaders, as described in the Indictment, included UCAR in North America; UCAR and SGL in designated countries in Western Europe; and the Japanese co-conspirators collectively in Japan and the Far East. Market shares for the co-conspirators were discussed both on the basis of geographic regions and specific countries.

3. On or about the time that the defendant began negotiations to purchase 50% of the stock of UCAR, it formulated plans to foster the creation of a price-fixing conspiracy among certain of the world's producers of graphite electrodes. On February 25, 1991, defendant, in fact, did acquire 50% ownership interest in UCAR. Both prior to and subsequent to that date, defendant counseled, induced and encouraged UCAR and other industry participants to coordinate their prices. By March 1992, UCAR and competitors began to conspire to fix prices. Thereafter, and until at least June 1997, the defendant made statements and took actions, including those set forth in the Indictment, to aid and abet such a conspiracy. Those officers, employees, and agents of the defendant, presently known to the Government, who participated in such scheme are:

  1. Corporations

    M.C. Carbon Co., Ltd., Tokyo, Japan
    Mitsubishi International Corporation, New York, NY
    Carbonex Corporation, Stamford, CT

  2. Individuals

    Ichiro Fukushima
    Tetsuro Imai
    Tadashi Komatsu
    Seiji Kato
    Hiroshi Kawamura
    Yorizo Kimura
    Kenichi Koyanagi
    Y. Nakane
    Masao Nakayama
    Shiro Shinozaki
    Eisuke Shiozaki
    Ikusaburo Wakae
    Yutaka Yamamoto

4. The combination and conspiracy charged in the Indictment was carried out, in part, within the Eastern District of Pennsylvania within the five years preceding the filing of the Indictment through statements made and acts performed pursuant to the conspiracy, by certain conspirators, including sales of graphite electrodes to steel companies located within this District.

Dated:

    Respectfully submitted,


  ________________________
ROBERT E. CONNOLLY
JOSEPH MUOIO
WENDY BOSTWICK NORMAN
ROGER L. CURRIER
Attorney, Philadelphia Office
Antitrust Division
U.S. Department of Justice
The Curtis Center, Suite 650W
170 S. Independence Mall West
Philadelphia, PA 19106
Tel. No.: (215) 597-7405


IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA


UNITED STATES OF AMERICA,
                 

                  v.

MITSUBISHI CORPORATION,          

                           Defendant.

|
|
|
|
|
|
|
|
|
|
|         
Criminal No. 00-033

Judge Marvin Katz

Violations: 15 U.S.C. 1 and 18 U.S.C. 2(a)

Filed: 05/16/00

CERTIFICATE OF SERVICE

This is to certify that on the 16th day of May 2000, a copy of the Government's Voluntary Bill of Particulars, has been mailed to counsel of record for the defendant as follows:

Theodore V. Wells, Jr., Esquire
Paul Weiss Rifkind Wharton & Garrison
1285 Avenue of the Americas
New York, NY 10019-6064

 ________________________
ROBERT E. CONNOLLY
Attorney, Philadelphia Office
Antitrust Division
U.S. Department of Justice
The Curtis Center, Suite 650W
170 S. Independence Mall West
Philadelphia, PA 19106
Tel. No.: (215) 597-7405