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Plea Agreement : U.S. v. Anchor Industrial Products, Inc.

Plea Agreement : U.S. v. Anchor Industrial Products, Inc.

Plea Agreement : U.S. v. Anchor Industrial Products, Inc.

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(g)to appeal the imposition of sentence against it.AGREEMENT TO PLEAD GUILTYAND WAIVE CERTAIN RIGHTS2. <strong>Anchor</strong> waives the rights set out in Paragraph 1(b)-(g) above.Pursuant to Rule 7(b), Fed. R. Crim. P., <strong>Anchor</strong> will waive indictment and pleadguilty pursuant to Fed. R. Crim. P. 11(e)(1)(C) to a one-count Information, to befiled in the United States District Court for the Eastern District of Pennsylvania.The Information will charge the defendant with participating in a conspiracy tosuppress and eliminate competition by fixing the price of carbon cathode block, asdefined in the Information, that was sold in the United States and elsewhere,beginning at least as early as February 1996 and continuing until at leastDecember 1997 in violation of the Sherman Antitrust Act, 15 U.S.C. § 1.3. Pursuant to the terms of this <strong>Plea</strong> <strong>Agreement</strong>, <strong>Anchor</strong> will plead guiltyat arraignment to the criminal charge described in Paragraph 2 above.FACTUAL BASIS FOR OFFENSE CHARGED4. Had this case gone to trial, the United States would have presentedevidence to prove the following facts.(a)For purposes of this <strong>Plea</strong> <strong>Agreement</strong>, the “relevant period” isthat period beginning at least as early as February 1996 and continuing until atleast December 1997. Throughout the relevant period, <strong>Anchor</strong>, formerly HepworthRefractories, <strong>Inc</strong>., was a corporation organized and existing under the laws of thestate of Ohio, and was engaged in the sale of carbon cathode block in the UnitedStates.2

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