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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
The United States of America, acting through its attorneys, charges:
I.DESCRIPTION OF THE OFFENSE
1. PATRICK STAINTON ("STAINTON") is made a defendant on the charge stated below.
2. Beginning in or about September 1995 and continuing until in or about December 1996, defendant STAINTON and coconspirators entered into and engaged in a combination and conspiracy to suppress and eliminate competition by fixing the prices and allocating the market shares of monochloroacetic acid and sodium monochloroacetate (collectively referred to as "MCAA") to be sold in the United States and elsewhere. The combination and conspiracy engaged in by the defendant and coconspirators 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 coconspirators, the substantial terms of which were:
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:
5. During the period covered by this Information, defendant STAINTON was a Department Head of the Chlorine, Bromine, and Derivatives Division of Elf Atochem S.A. ("Elf"), a corporation organized and existing under the laws of France. During the period covered by this Information, the defendant and Elf were engaged in the business of producing MCAA and selling it 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.
III.TRADE AND COMMERCE
8. MCAA is a reactive chemical compound that is used to form a number of intermediate chemicals. Markets for MCAA and its derivatives include drilling fluids, plastic stabilizers, herbicides, and pharmaceuticals.
9. During the period covered by this Information, the defendant and coconspirators sold and distributed MCAA 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 coconspirators produced MCAA.
10. 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.
ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.