MARC SIEGEL (CSBN 142071)

LISA V. TENORIO (CSBN 205955)	Original Filed March 14, 2002

KESLIE STEWART (CSBN 184090)

DANA R. WAGNER (CSBN 209099)

DINA WONG (CSBN 202878)

U.S. Department of Justice

Antitrust Division

450 Golden Gate Avenue

Box 36046, Room 10-0101

San Francisco, CA 94102

Telephone: (415) 436-6660

Attorneys for the United States

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,	)	No. CR 02 - 0078WHA

)

)	INFORMATION

v.	)

)	VIOLATION:

)	Title 15, United States Code,

PATRICK STAINTON,	)	Section 1 (Price Fixing, Market-

)	Share Allocation)

)

Defendant.	)	San Francisco Venue

____________________________________)

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:

(a)	to agree to fix and maintain prices and to coordinate price increases for MCAA to be sold in the United States and elsewhere; and

(b)	to agree to allocate among major MCAA producers the market shares of MCAA to be sold by each in the United States and elsewhere.

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:

(a)	participating in meetings and conversations to discuss the prices and market shares of MCAA to be sold in the United States and elsewhere;

(b)	agreeing, during those meetings and conversations, to charge prices at certain levels and otherwise to increase and maintain prices of MCAA to be sold in the United States and elsewhere;

(c)	agreeing, during those meetings and conversations, to allocate among major producers of MCAA the market shares of MCAA to be sold in the United States and elsewhere;

(d)	issuing price announcements and price quotations in accordance with the agreements reached; and

(e)	exchanging information on sales of MCAA in the United States and elsewhere for the purpose of monitoring and enforcing adherence to the agreed-upon market shares.

II.

DEFENDANT AND COCONSPIRATORS

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.

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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.

Dated:

___________/s/_____________________	___________/s/_____________________

Charles A. James	Christopher S Crook

Assistant Attorney General	Chief, San Francisco Office

___________/s/_____________________	___________/s/_____________________

James M. Griffin	Marc Siegel

Deputy Assistant Attorney General	Lisa V. Tenorio

Keslie Stewart

Dana R. Wagner

Dina Wong

___________/s/_____________________	Attorneys

Scott D. Hammond	U.S. Department of Justice

Director of Criminal Enforcement	Antitrust Division

450 Golden Gate Ave.

Box 36046, Room 10-0101

San Francisco, CA 94102
(415) 436-6660

United States Department of Justice

Antitrust Division

___________/s/_____________________

David W. Shapiro

United States Attorney

Northern District of California