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IN THE UNITED STATES DISTRICT COURT
The United States of America, acting through its attorneys, charges:I
DESCRIPTION OF THE OFFENSE
1. Ibiden Co., Ltd., (hereinafter "Ibiden") is made a defendant on the charge stated below.
2. Beginning at least as early as July 1993 and continuing until at least February 1998, the exact dates being unknown to the United States, the defendant Ibiden and co-conspirators entered into and participated in a combination and conspiracy to suppress and eliminate competition by fixing the price of non-machined and semi-machined isostatic graphite 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 terms of which were to agree to fix and maintain prices and to coordinate price increases for the sale of non-machined and semi-machined isostatic graphite in the United States and elsewhere.II
MEANS AND METHODS OF THE CONSPIRACY
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. During the period covered by this Information, Ibiden was a corporation organized and existing under the laws of Japan with its principal place of business in Ogaki, Japan. During the relevant period, Ibiden, through its distributor Gunze Sangyo, Inc., was engaged in the sale of non-machined and semi-machined isostatic graphite to customers in the United States and elsewhere.
6. Various corporations and individuals not made defendants herein participated as co-conspirators in the offense charged herein and performed acts and made statements in furtherance thereof.
7. Wherever in this Information reference is made to any act, deed, or transaction of a corporation, the allegation means that the corporation engaged in the act, deed, or transaction by or through its officers, directors, agents, employees, or representatives while they were actively engaged in the management, direction, control, or transaction of its business or affairs.IV
TRADE AND COMMERCE
8. Isostatic graphite is a fine grain carbon product with great strength and resistance to heat and chemical reaction. It is commonly used to produce, among other products, electrodes for electrical discharge machinery, dies for the continuous casting of metals, and various products used in the semi-conductor industry, which require its unique properties.
9. Total sales of non-machined and semi-machined isostatic graphite in the United States are estimated at approximately $100 million during the term of the charged conspiracy.
10. During the period covered by this Information, the defendant and co-conspirators sold a substantial quantity of non-machined and semi-machined isostatic graphite 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 non-machined and semi-machined isostatic graphite was produced.
11. During the period covered by this Information, the activities of the defendant and co-conspirators that are the subject of this Information were within the flow of, and substantially affected, interstate and foreign trade and commerce.
12. The combination and conspiracy charged in this Information was carried out, in part, within the Eastern District of Pennsylvania within the five years preceding the filing of this Information.
ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.