March 28, 2001　USDOJ　　　

http://www.usdoj.gov/atr/public/speeches/8063.htm

US Vitamin 　　　　　　　　　罰金額順位

1999/9/9 USDOJ

Three Japanese compaies agree to plead guilty, pay criminal fines, for participating in international vitamin cartel
More than $850 Million in Criminal Fines Obtained in Vitamins Investigation, To Date
http://www.usdoj.gov/atr/public/press_releases/1999/3659.htm

Three Japanese pharmaceutical companies today agreed to plead guilty and pay fines totaling $137 million for participating in a worldwide conspiracy to raise and fix prices and allocate market shares for certain vitamins sold in the United States and elsewhere, the Department of Justice announced.

Takeda Chemical Industries Ltd., of Osaka, Japan, will plead guilty and pay a $72 million criminal fine for conspiring to fix the price and allocate the sales of Vitamins B2 (Riboflavin) and C sold in the US and elsewhere. Eisai Co. Ltd., of Tokyo, Japan, will plead guilty and pay a $40 million criminal fine for conspiring to fix the price and allocate the sales of Vitamin E sold in the U.S. and elsewhere. Daiichi Pharmaceutical Co. Ltd., also of Tokyo, will plead guilty and pay a $25 million fine for fixing the price and allocating the sales of Vitamin B5 (CalPan) sold in the U.S. and elsewhere. All three criminal cases were filed today in U.S. District Court in Dallas.

Thus far, the Justice Department has brought 13 cases and obtained more than $850 million in criminal fines as a result of an ongoing antitrust investigation of the worldwide vitamin industry. Today's cases are the latest in a series of international conspiracy cases filed by the Department's Antitrust Division in the last several years.

All three of the companies charged today and many of their executives are cooperating with the government's ongoing investigation of a long-term international cartel that fixed the prices at which vitamins were sold and allocated the sales of various vitamins among the cartel members, the Justice Department said. In addition, Takeda is cooperating with the Department of Justice in an investigation into the food flavor enhancers industry, the Department said.

"The prosecution of these three Japanese companies further demonstrates the truly international aspect of the vitamins conspiracy," said Joel I. Klein, Assistant Attorney General in charge of the Department's Antitrust Division. "This conspiracy artificially inflated the cost to virtually every American of such everyday necessities as milk, bread, orange juice, and cereal, which were fortified with the vitamins produced by these conspirators. By conspiring to fix the price and allocate the sales of these vitamins, these companies and their co-conspirators reaped hundreds of millions of dollars in additional revenues."

Each of the three Japanese firms is charged with participating in price-fixing activities with their respective European cartel partners beginning in early 1991. Takeda's activities ended in late 1995, while both Daiichi's and Eisai's collusion continued into February 1999. The conduct engaged in by each of the companies included:
　agreeing to fix and raise prices on certain vitamin products;
　agreeing to allocate the volume of sales and market shares of such vitamins; and
　participating in meetings and conversations to monitor and enforce adherence to fixed prices and agreed-upon market shares.

"The Antitrust Division has now prosecuted firms in the vitamin industry located on three continents, demonstrating once again the Division's resolve to punish illegal conspiracies that harm American businesses and consumers regardless of the location of the conspirators," said Gary R. Spratling, the Antitrust Division's Deputy Assistant Attorney General for criminal enforcement.

Each of the companies in all three cases are charged with violating the Sherman Act which carries a maximum fine of $10 million for corporations. However, the maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

At sentencing, the court will determine the appropriate sentence to be imposed under the U.S. Sentencing Guidelines and whether to accept the plea agreements and impose the agreed- upon sentences.

The fines resulting from these prosecutions will be deposited into the Crime Victims Fund, which is used to provide financial compensation and direct services to victims of crime and training and technical assistance for victim advocates, criminal justice and allied professionals across the country. The fund is supported by fines paid by federal criminal offenders, not taxpayers, and is administered by the Office for Victims of Crime (O.V.C.).

The three cases are the result of an ongoing investigation being conducted by the Antitrust Division's Dallas Field Office and the Federal Bureau of Investigation in Dallas.

food flavor enhancer

2002-06-05

Three international companies to plead guilty in foof flavoring cartel agree to pay more than $9 million in criminal fines
www.usdoj.gov/atr/public/press_releases/2001/8918.wpd

Two Japanese corporations, Ajinomoto Co. Inc. and Daesang Japan Inc., and one Korean corporation, Cheil Jedang Corporation, agreed to plead guilty and pay criminal fines totaling more than $9 million for participating in a worldwide conspiracy to fix the prices of, and allocate customers for nucleotides, a food flavor enhancer, the Department of Justice announced today. Nucleotides are organic compounds used in soups, sauces, spices and other foods to enhance their flavor.

In separate one-count criminal cases filed in U.S. District Court in Dallas, the Department of Justice charged Ajinomoto, Daesang, and Cheil with conspiring to fix the prices of, and allocate customers for nucleotides sold in the United States and elsewhere. The conspiracy began as early as July 1992 and continued until at least August 1996. Ajinomoto has agreed to pay a fine of $6 million in connection with its guilty plea, while Cheil has agreed to pay a $3 million fine and Daesang has agreed to pay a $90,000 fine. On August 23, 2001, Tamon Tanabe, a Japanese citizen and executive of Ajinomoto, was indicted by a federal grand jury in Dallas for participating in the same worldwide conspiracy.

"These cases reflect the Antitrust Division’s resolve to proceed aggressively against illegal international cartels that harm American businesses and consumers," said Charles A. James, Assistant Attorney General in charge of the Antitrust Division.

According to today’s charges, Ajinomoto, Daesang, and Cheil:
　agreed to raise and fix prices for nucleotides;
　agreed to allocate customers of nucleotides; and
　participated in meetings and conversations to monitor and enforce adherence to the agreed-upon prices, the timing of price increases, and the allocation of customers.

"The Antitrust Division is committed to the elimination of cartels such as this, regardless of the location of the conspirators," said James M. Griffin, the Antitrust Division’s Deputy Assistant Attorney General for criminal enforcement.

Each defendant is charged with violating Section One of the Sherman Act, which carries a maximum fine of $10 million for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

Today’s cases resulted from an ongoing investigation being conducted by the Antitrust Division's Dallas Field Office and the Federal Bureau of Investigation in Dallas.

Anyone with information concerning price fixing in the food flavor enhancer industry should contact the Dallas Field Office of the Antitrust Division at (214) 880-9401, or the Dallas Office of the FBI at (214) 720-2200.

Lysine

1996/8/27　ＤＯＪ

Justice Department takes first action against international food and feed additive price fixers
Three companies and three of their executives agree to pay more than $20 million in criminal fines
http://www.usdoj.gov/atr/public/press_releases/1996/0857.pdf

The Department of Justice brought its first criminal antitrust charges today in its continuing international price fixing investigation into the food and feed additive industry. Three companies--two Japanese and one New Jersey-based Korean subsidiary--and three of their executives have signed plea agreements to pay more than $20 million in criminal fines for conspiring to fix prices to eliminate competition and allocate sales in the lysine market worldwide. Lysine, a $600 million a year industry, is an amino acid used by farmers as a feed additive to ensure the proper growth of swine and poultry.
The criminal felony case, filed in the U.S. District Court in the Northern District of Illinois in Chicago, charges that the six defendants conspired among themselves and with unnamed coconspirators to suppress and eliminate competition in the lysine market from June 1992 through June 27, 1995 in violation of the Sherman Antitrust Act.
"This is the Department's first action against international cartel activity in the food and feed additive industry. It sends a message to the entire world that criminal collusive behavior that harms U.S. consumers will not be tolerated," said Joel I. Klein, Acting Assistant Attorney General in charge of the Department's Antitrust Division.
The companies and individuals charged are:
-- Ajinomoto Co. Inc. of Tokyo, Japan, and its former General Manager of the Feed Additives Division, Kanji Mimoto. Mimoto lives in Japan.
-- Kyowa Hakko Kogyo Co. Ltd. of Tokyo, Japan, and its former General Manager of the Agricultural Products Department, Masaru Yamamoto. Yamamoto lives in Japan.
-- Sewon America Inc., located in Paramus, New Jersey, and its President, Jhom Su Kim. Sewon America is a subsidiary of Sewon Company Ltd., located in Seoul, South Korea. Kim is from Korea and currently lives in New Jersey.

The Department charged that the defendants and unnamed coconspirators:
・Held meetings and conversations to discuss the prices and volumes of lysine sold in the United States and elsewhere.
・Agreed to charge prices at certain levels and to increase prices of lysine.
・Agreed to allocate among the corporate conspirators the volume of lysine to be sold by each corporate conspirator.
・Issued price announcements and price quotations in accordance with the agreements.
・Participated in meetings and conversations for the purpose of monitoring and enforcing adherence to the agreed-upon prices and sales volumes.
The Department said that the charges arose in connection with an ongoing investigation into illegal, collusive practices by the producers of lysine. The lysine investigation is being conducted by the Chicago Field Office of the Department's Antitrust Division, the office of United States Attorney James B. Burns in Chicago, and the Federal Bureau of Investigation in Springfield, Illinois.
Klein said that each defendant has authorized the government to disclose the basic terms of the plea agreements pursuant to which these charges were filed.
If the plea agreements are accepted by the court, Ajinomoto and Kyowa Hakko will pay the statutory maximum fine of $10 million each, and Sewon America will pay a fine as large as the court deems it reasonably can afford to pay. Mimoto and Kim will each pay a $75,000 fine and Yamamoto will pay a $50,000 fine.
The corporate defendants have also agreed to cooperate fully with the ongoing investigation by providing documents and witnesses who will be available to testify in the United States.
Each of the individual defendants has agreed to cooperate with the investigation, including giving testimony in the United States.
Gary R. Spratling, the Antitrust Division's Deputy Assistant Attorney General for Criminal Enforcement, said, "All of the corporate and individual defendants already have begun to cooperate with the government's ongoing investigation."
Section 1 of the Sherman Act, which the defendants are charged with violating, carries a maximum fine of $10 million for corporations and a maximum penalty of three years imprisonment and a $350,000 fine for individuals.
The fines for both corporations and individuals may be increased to twice the gain derived from the crime by the defendant or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine of $10 million for corporations and $350,000 for individuals. The court will determine the appropriate sentence to be imposed under the United States Sentencing Guidelines.

sodium gluconate

1998/2/25　DOJ

Japanese chemical giant to pay $20 million fine
Penalties from International Conspiracy Cases
Top $250 Million Mark in One Year
http://www.usdoj.gov/opa/pr/1998/February/081.htm.html

Fujisawa Pharmaceutical Co., Ltd., a Japanese corporation,has agreed to plead guilty and pay a fine of $20 million for participating in an international conspiracy to fix prices and allocate markets worldwide for an industrial cleaner called sodium gluconate. One of the company's executives, a Japanese citizen, has also agreed to plead guilty in the deal.

Today's case, filed in U.S. District Court in San Francisco, is the fifth filed in the sodium gluconate industry, and is the latest in a string of international conspiracy cases filed by the Department's Antitrust Division over the past year. These suits have resulted in fines of over $250 million.

"Today's case demonstrates the Division's resolve to protect American consumers from foreign cartels," said Joel I. Klein, Assistant Attorney General in charge of the Department's Antitrust Division.

Sodium gluconate is used to clean metal and glass, with applications such as bottle washing, food service and utensil cleaning, food process equipment cleaning, and paint removal. It is a $50 million a year industry worldwide.

The felony case charges that Fujisawa executives agreed with the world's other major sodium gluconate-producing firms to suppress and eliminate competition in the sodium gluconate market from August of 1993 until June of 1995.

Akira Nakao, the Associate Executive Director of Fujisawa's Chemicals Division, has also agreed to plead guilty and pay a $200,000 criminal fine for his role in the international sodium gluconate conspiracy. Mr. Nakao is a Japanese citizen.

The Department charged that Nakao met with his co-conspirators to set the prices of sodium gluconate and allocate the share of the sodium gluconate market that each participating firm could have.

"Today's fines demonstrate that the Division places a high priority on prosecuting international antitrust crimes that harm U.S. markets," said Gary R. Spratling, the Antitrust Division's Deputy Assistant Attorney General for Criminal Enforcement. The single-count felony information charges that Fujisawa and Nakao:
・Agreed to set sodium gluconate prices at certain levels and to increase prices to the agreed-upon levels.
・Agreed to allocate among the corporate conspirators the market shares of sodium gluconate that each participating firm could sell.

Issued price announcements and price quotations in accordance with the agreements.

Participated in meetings and conversations for the purpose of monitoring and enforcing adherence to the agreed-upon prices and market shares.

As part of their plea agreements, which must be accepted by the court, Fujisawa and Mr. Nakao have agreed to cooperate in the ongoing investigation. The pleading parties have authorized the government to disclose the basic terms of the plea agreements.

The case against Fujisawa is the fifth filed by the Justice Department in its ongoing investigation in the sodium gluconate industry. In September, 1997, the Antitrust Division filed cases against two Dutch companies jointly, Azko Nobel Chemicals BV and Glucona BV, and two executives of those companies, Cornelis R. Nederveen and Marcel L. van Eekhout, charging them with conspiring to fix prices on sodium gluconate. The companies were fined a total of $10 million, and the executives each received a fine of $100,000. Three months later, similar charges were jointly filed against a French chemical company, Roquette Freres, and one of its executives, Bertrand Dufour. That case resulted in a $2.5 million fine against the company and a $50,000 fine against the executive.

Today's cases are the result of an investigation conducted by both the Federal Bureau of Investigation in San Francisco and the San Francisco Field Office of the Antitrust Division.

Both of the defendants are charged with violating Section 1 of the Sherman Antitrust Act, which carries a maximum fine of $10 million for corporations and a maximum penalty of three years imprisonment and a $350,000 fine for individuals. The maximum fine for both corporations and individuals may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

2001/10/4

Regulators bust suppliers for price fixing
Commission cites Archer Daniels Midland among international companies setting sales quotas and fixing prices.

The European Union Commission fined six companies $51.9 million (US) on Tuesday for operating a cartel to fix prices and share the market for sodium gluconate, an ingredient in cleaning solvents. The Commission found "that the six companies, which together accounted for the quasi totality of the production worldwide, operated a secret cartel from 1987 until 1995," according to the Associate Press.

The Commission said that the market was worth 18 million euros ($16 million) annually during the 8-year infringement period. The EU's executive commission fined the US company Archer Daniels Midland 10.13 million euros ($9.2 million); Akzo Nobel of the Netherlands 9 million euros ($8.2 million); Avebe BA of the Netherlands 3.6 million euros (nearly $3.3 million); Fujisawa Pharmaceutical Co. Ltd. of Japan 3.6 million euros (nearly $3.3 million); Jungbunzlauer AG of Switzerland 20.4 million euros ($18.5 million); and France's Roquette Freres 10.8 million euros ($9.8 million).

"The companies held regular meetings, where they agreed on individual sales quotas, fixed 'minimum' and 'target' prices and shared out specific customers," the Commission said.

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Sodium gluconate producers fined 　www.lovells.com/control/PDFLoader/pubIssueId/1532

The European Commission has fined six companiesa total of E57.53 million for their participation ina cartel that fixed the price of, and shared themarket for, sodium gluconate. Sodium gluconate isa chemical mainly used to clean metal and glass. It has applications such as bottle washing, utensilcleaning and paint removal. The cartel existedfrom 1987 to 1995 and the Commission foundevidence that over 25 cartel meetings were heldduring that time.

It is interesting to note that Fujisawa's fine wasreduced by 80% because it was the first to supplydecisive evidence of the cartel to the Commission. It did so before the Commission had carried out dawnraids on the suspected cartel members. This is the largest reduction given by the Commission to date.