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1
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STIPULATION AND ORDER
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EXTRACTED KEY WORDS
DEFENDANT BRENT CONTRACTS COMPLIANCE BROKERAGE ANTITRUST COURT OFFICER PLAINTIFF PURCHASE LAWS BRENT SPREAD UNITED STATES CFDS ENTRY BROKERAGE COMMISSION SALE JURISDICTION PARTIES AUTHORITY CRUDE OIL PARTY GOVERNING DISTRICT ATTORNEY PRICE RESPONSIBILITIES VIOLATION RECORDINGS |
UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF NEW YORK
__________________________________________)
)
)
UNITED STATES OF AMERICA, )
)
PLAINTIFF, )
) Civil
v. )
)
AIG TRADING CORPORATION; )
BP EXPLORATION & OIL INC.; and )
CARGILL INTERNATIONAL, S.A. )
)
DEFENDANTS. )
__________________________________________ )
STIPULATION AND ORDER
WHEREAS, plaintiff, United States of America, having filed its complaint on July ,
1997, and plaintiff and AIG Trading Corporation, BP Exploration & Oil, Inc. and Cargill
International, S.A. ("defendants"), by their respective attorneys, having agreed to the entry of
stipulation and order without trial or adjudication of any issue of fact or law herein and without
this stipulation and order constituting any evidence against or an admission by any party with
respect to any such issue;
NOW, THEREFORE, before the taking of any testimony and without trial or adjudication
of any issue of fact or law herein,
Plaintiff and defendants hereby agree as follows:
I.
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2
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MOTION FOR ENTRY OF STIPULATION AND ORDER
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EXTRACTED KEY WORDS
STIPULATION COURT ENTRY ANTITRUST TUNNEY ACT COMPLAINT DEFENDANTS REASONS TERMINATE CIVIL ANTITRUST DETERMINATION SETTLEMENTS MICROSOFT CIR DISTRICT COURT FILING BRENT SPREAD CONTRACTS VIOLATION PROSPECTIVE BROKERAGE COMMISSION CIS YORK PROCEEDING CFDS EXCHANGE BROKERAGE COMMISSION INFORMATION LITIGATION EXPLAINING BASIS DIRECTIONS |
UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF NEW YORK
_________________________________________
)
UNITED STATES OF AMERICA, )
)
)
PLAINTIFF, )
) Civil
v. )
) Honorable
AIG TRADING CORPORATION; )
BP EXPLORATION & OIL INC.; and )
CARGILL INTERNATIONAL, S.A. )
)
DEFENDANTS. )
_________________________________________ )
MOTION OF THE UNITED STATES
FOR ENTRY OF STIPULATION AND ORDER
Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act
("Tunney Act") , 15 U.S.C. 16 (b) - (h), the United States moves for entry of the Stipulation and
Order that would terminate this civil antitrust proceeding.
I. INTRODUCTION
This action was initiated by the United States with the filing of a complaint on July 18,
1997. The complaint charges that the defendants - traders of Brent spread contracts and contracts
for differences (CFDs) - had violated Section 1 of the Sherman Act, 15 U.S.C. 1, by conspiring
to exchange current and prospective brokerage commission information with the purpose and
effect of lowering
commissions paid to brokers located in the United States for arranging the purchase and sale of
Brent spread contracts and CFDs.
With the filing of its complaint, the United States filed a proposed Stipulation and Order,
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3
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COMPETITIVE IMPACT STATEMENT
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EXTRACTED KEY WORDS
DEFENDANTS BROKERAGE UNITED STATES COMMISSION BRENT SPREAD CONTRACTS PURCHASE SALE CFDS REGULATORY AIG LAW COURT ANTITRUST VIOLATION TRADER ENTRY TRADING CONNECTION STIPULATION EXCHANGE COMPLIANCE PROVISIONS SUBSIDIARIES FOREIGN COMMISSIONS PAID AUTHORITY COMPLAINT SETTLEMENT |
UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF NEW YORK
_________________________________________
)
UNITED STATES OF AMERICA, )
)
)
PLAINTIFF, )
)
Civil Action No.v. )
)
AIG TRADING CORPORATION; )
BP EXPLORATION & OIL INC.; and )
CARGILL INTERNATIONAL, S.A. )
)
DEFENDANTS. )
_________________________________________ )
COMPETITIVE IMPACT STATEMENT
The United States of America, pursuant to Section 2 of the Antitrust
Procedures and Penalties Act (APPA), 15 U.S.C. § 16(b), submits this
Competitive Impact Statement in connection with the proposed Stipulation and
Order submitted for entry with the consent of defendants in this civil
antitrust proceeding.
I.
NATURE AND PURPOSE OF THE PROCEEDINGS
On July , 1997, the United States filed a civil antitrust
complaint under Section 4 of the Sherman Act, as amended, 15 U.S.C. §4,
alleging that the defendants engaged in a combination and conspiracy, in
violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, to exchange current
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4
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CIVIL COMPLAINT FOR RELIEF
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EXTRACTED KEY WORDS
BRENT CONTRACT BROKERAGE SPREAD CONTRACTS CFDS COMPLAINT TRADERS UNITED STATES COMMERCE PURCHASE BROKERAGE COMMISSION CONSPIRACY SHERMAN ACT TRANSACTION CRUDE OIL PRICE COURT VIOLATION ALLEGES BUSINESS DISTRICT RELIEF RESTRAIN JURISDICTION BRENT BLEND LAWS SALE PAID INTERSTATE TRADE |
UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF NEW YORK
__________________________________________)
)
UNITED STATES OF AMERICA, ))
PLAINTIFF, ) Civil Action No.
)
v. ))
AIG TRADING CORPORATION; ) COMPLAINT
FOR
BP EXPLORATION & OIL INC.; and ) RELIEF FOR
VIOLATION OF CARGILL INTERNATIONAL, S.A. )
) 15 U.S.C. § 1
DEFENDANTS. )
_________________________________________ )
COMPLAINT
The United States of America, acting under the direction of
the Attorney General, brings this civil action pursuant to Section
4 of the Sherman Act, as amended, 15 U.S.C. § 4, to obtain
equitable and other relief to prevent and restrain violations of
Section 1 of the Sherman Act, as amended, 15 U.S.C. § 1. For its
Complaint, the United States alleges:
I.
JURISDICTION AND VENUE
1. This Court has jurisdiction of this action and
jurisdiction over the parties pursuant to 15 U.S.C. § 4 and 28
U.S.C. §§ 1331 and 1337.
2. A substantial part of the events which gave rise to this
Complaint occurred in the Southern District of New York. Venue
is proper in this district under 28 U.S.C. § 1391 (b) (2). As to
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5
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US COMPLIANCE WITH ANTITRUST PROCEDURES AND PENALTIES ACT
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EXTRACTED KEY WORDS
CERTIFICATE PUBLICATION YORK COMPETITIVE IMPACT STATEMENT IMPACT STATEMENT UNITED STATES DISTRICT ANTITRUST PROCEDURES COURT COMPLIANCE PENALTIES ACT ENTRY EXHIBIT WASHINGTON POST SOUTHERN DISTRICT PLAINTIFF DEFENDANTS FEDERAL REGISTER NEWSPAPER GENERAL CIRCULATION AUTHORIZED AGENT YORK TIMES PREPARATION PURSUANT APPLICABLE LAW COLUMBIA DAVID DEBBIE TERRA RELATING |
UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF NEW YORK
_________________________________________ )
)
UNITED STATES OF AMERICA, )
)
)
PLAINTIFF, )
) Civil Action No. 97 C.V. 5260
v.
)
) Honorable Deborah A. Batts
AID TRADING CORPORATION; )
BP EXPLORATION & OIL INC.; and )
CARGILL INTERNATIONAL, S.A. )
)
DEFENDANTS. )
_________________________________________ )
PLAINTIFF'S CERTIFICATE OF COMPLIANCE WITH THE
PROVISIONS OF THE ANTITRUST PROCEDURES AND PENALTIES ACT
Plaintiff, United States of America, by the undersigned attorney, hereby
certifies that, in compliance with the Antitrust Procedures and Penalties Act
(15 U.S.C. § 16(b)-(h)), the following procedures have been followed in
preparation for the entry of a final Stipulation and Order herein:
1. Plaintiff and the defendants stipulated to the entry, pursuant to
applicable law, of the proposed Stipulation and Order herein on July 18, 1997.
2. The proposed Stipulation and Order and Competitive Impact Statement
were filed with this Court on July 18, 1997.
3. The proposed Stipulation and Order and Competitive Impact Statement
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