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Date Posted: 21:03:02 08/04/06 Fri
Author: United States v. Daiichi Pharmaceutical Co., Ltd.
Subject: (N. D. Tex. 1999) (Japanese firm; defendant agreed to $25 million fine in plea agreement)
In reply to: Criminal No.: 96-CR-00640 's message, "UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS" on 17:50:04 08/04/06 Fri

Appendix A:
Antitrust Division Selected Criminal Cases
April 1, 1996 through September 30, 1999
Vitamins
The vitamin cartel is the most pervasive and harmful criminal antitrust conspiracy ever uncovered by the Division. The members of the vitamin cartel reached agreements on everything from how much product each company would produce, to how much they would charge, to which customers they would sell. The victims of this conspiracy were the purchasers of the vitamins most commonly used as nutritional supplements or to enrich human food and animal feed. However, in the final analysis, the conspiratorial conduct of the cartel members affected the pocketbook of virtually every American consumer who took a daily vitamin supplement or who had a bowl of cereal in the morning.

The vitamin investigation has thus far resulted in convictions against Swiss, German, Canadian, and Japanese firms and over $875 million in criminal fines against the corporate defendants, including a $500 million fine imposed on F. Hoffmann-La Roche Ltd. (HLR) and a $225 million fine imposed on BASF AG. The $500 million fine imposed against HLR is the largest fine ever imposed in any Department of Justice proceeding under any statute.

The Antitrust Division also has thus far prosecuted seven U. S. and foreign executives who participated in the vitamin cartel. All of these individuals, including the foreign defendants, are either already serving time in federal prison or are awaiting sentencing and face potential jail sentences as well as heavy fines. For example, Kuno Sommer, the former Director of Worldwide Marketing for Vitamins at HLR, and Roland Brönnimann, the former President of the Fine Chemical and Vitamin Division at HLR, were recently sent to prison and ordered to pay substantial fines for their roles in the vitamin cartel. Messrs. Sommer and Brönnimann are the first European nationals to serve time in a U. S. prison for engaging in cartel activity.

The vitamins cases brought thus far are as follows:

United States v. Lonza, AG, (N. D. Tex. 1998) (Swiss firm; defendant agreed to $10.5 million fine in plea agreement)
United States v. John Kennedy, (N. D. Tex. 1999) (U. S. citizen; 12 months incarceration; $20,000 fine)
United States v. Lindell Hilling, (N. D. Tex. 1999) (U. S. citizen; defendant agreed to incarceration for period of 12 months and $20,000 fine in plea agreement)
United States v. John L. “Pete” Fischer, (N. D. Tex. 1999) (U. S. citizen; defendant agreed to incarceration for period of 8 months and $20,000 fine in plea agreement)
United States v. Robert Samuelson, (N. D. Tex. 1999) (U. S. citizen; awaiting sentencing)
United States v. Antonio Felix, (N. D. Tex. 1999) (Mexican citizen; awaiting sentencing)
United States v. F. Hoffmann-La Roche, Ltd., (N. D. Tex. 1999) (Swiss firm; $500 million fine)
United States v. BASF AG, (N. D. Tex. 1999) (German firm; $225 million fine)
United States v. Dr. Kuno Sommer, (N. D. Tex. 1999) (Swiss citizen; 4 months incarceration, $100,000 fine)
United States v. Dr. Roland Brönnimann, (N. D. Tex. 1999) (Swiss citizen; defendant agreed to 5 months incarceration and $150,000 fine in plea agreement)
United States v. Daiichi Pharmaceutical Co., Ltd., (N. D. Tex. 1999) (Japanese firm; defendant agreed to $25 million fine in plea agreement)
United States v. Easai Co., Ltd., (N. D. Tex. 1999) (Japanese firm; defendant agreed to $40 million fine in plea agreement)
United States v. Takeda Chemical Industries, Ltd., (N. D. Tex. 1999) (Japanese firm; defendant agreed to $72 million fine in plea agreement)
United States v. Chinook Group Ltd., (N. D. Tex. 1999) (Canadian firm; defendant agreed to $5 million fine in plea agreement)
Website - http://www.usdoj.gov/atr/public/4523d.htm

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