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The United States of America, acting through its attorneys, charges:I. DESCRIPTION OF THE OFFENSE
1. DUPONT DOW ELASTOMERS L.L.C. is made a defendant on the charge stated below.
2. Beginning in or about August 1999 and continuing until in or about April 2002, defendant and co-conspirators participated in a combination and conspiracy to suppress and eliminate competition by fixing the price of polychloroprene rubber sold in the United States and elsewhere. The combination and conspiracy engaged in by the defendant and co-conspirators was in unreasonable restraint of interstate and foreign trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1).
3. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendant and co-conspirators, the substantial term of which was to suppress and eliminate competition by fixing the price of polychloroprene rubber in the United States and elsewhere.
4. 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:
5. The defendant is an entity organized and existing under the laws of Delaware, with its principal place of business in Wilmington, Delaware. During the period covered by this Information, the defendant engaged in the business of producing and selling polychloroprene rubber in the United States and elsewhere.
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. Polychloroprene rubber, also known as "chloroprene rubber," "polychloroprene," "PCP," or "neoprene," is a specific type of synthetic rubber which has end-use applications in the automotive, adhesives, and construction industries.
9. During the period covered by this Information, the defendant and co-conspirators manufactured, sold, and distributed polychloroprene rubber 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 the defendant and co-conspirators produced polychloroprene rubber.
10. The business activities of the defendant and co-conspirators that are the subject 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 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.
Dated: January 17, 2005