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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
The United States of America, acting through its attorneys, charges:
DESCRIPTION OF THE OFFENSE
1. ANDREW CHEN ("defendant") is made a defendant on the charge stated below:
2. From in or about September 2003 until in or about September 2005, the defendant and coconspirators entered into and engaged in a combination and conspiracy in the United States and elsewhere to suppress and eliminate competition by fixing the prices of aftermarket auto lights. The combination and conspiracy engaged in by the defendant and his coconspirators was an unreasonable restraint of interstate and foreign trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1). The defendant knowingly joined and participated in the charged conspiracy from as early as September 2003 until in or about September 2005.
3. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendant and coconspirators, the substantial terms of which were to agree to fix the prices of aftermarket auto lights.
4. For the purpose of forming and carrying out the charged combination and conspiracy, the defendant and coconspirators did those things that they combined and conspired to do, including, among other things:
DEFENDANTS AND COCONSPIRATORS
5. During the time period covered by this Information, Defendant ANDREW CHEN was Executive Vice President of Company A, an entity organized and existing under the laws of California. During the time period covered by this Information, Company A was a major United States distributor of auto lights produced by Company B, an entity organized and existing under the laws of Taiwan. Company A, during the time period covered by this Information, was engaged in the business of selling aftermarket auto lights produced by Company B to customers in the United States and elsewhere.
6. Various corporations and individuals, not made defendants in this Information, participated as coconspirators in the offense charged in this Information 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.
TRADE AND COMMERCE
8. Aftermarket auto lights are lights incorporated into an automobile after its original sale, usually as repairs following a collision, but also as accessories and upgrades. Lighting components include items such as headlights, taillights, fog lights, turn signals, brake signals, and reflectors.
9. During the period covered by this Information, Companies A and B and coconspirators sold and distributed aftermarket auto lights in a continuous and uninterrupted flow of interstate and foreign trade and commerce to customers located in states or countries other than the states or countries in which Companies A and B and coconspirators produced aftermarket auto lights.
10. During the period covered by this Information, the business activities of the defendant and coconspirators that are the subject of this Information were within the flow of, and substantially affected, interstate and foreign trade and commerce.
JURISDICTION AND VENUE
11. The combination and conspiracy charged in this Information was carried out, in part, in the Northern District of California, within the five years preceding the filing of this Information, excluding the period during which the statute of limitations has been suspended pursuant to two agreements with Defendant ANDREW CHEN.
ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.