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US v AIG TRADING CORP Click to find out why . . .



Keywords & Phrases
CaseNo: UVATC103138, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: US, State: NY New York, UniqueCaseRef: LCD>UVATC103138, Stipulation, United States, Brent, Proposed Order, Brokerage, Cfds, Purchase, Entry, Antitrust, Sale, Compliance, Spread Contracts, Violation, Contracts, Complaint, Commission, Contract, Brokerage Commission, Laws, District, Regulatory, Proposed Stipulation, Authority, Crude Oil, Aig, Officer, Jurisdiction, Price, Brent Spread, Trader, Exchange, Trading, Connection, Certificate, York, Traders, Commerce, Provisions, Subsidiaries, Foreign, Commissions Paid, Tunney Act, Parties, Conspiracy, Party , ContentID: 120245936

Case Documents
1   STIPULATION AND ORDER
[ see first page and extracted highlights below  ] ItemID: 112795
12 pages
PDF
2   MOTION FOR ENTRY OF STIPULATION AND ORDER
[ see first page and extracted highlights below  ] ItemID: 112794
4 pages
PDF
3   COMPETITIVE IMPACT STATEMENT
[ see first page and extracted highlights below  ] ItemID: 112793
13 pages
PDF
4   CIVIL COMPLAINT FOR RELIEF
[ see first page and extracted highlights below  ] ItemID: 112792
8 pages
PDF
5 1997-07-18 US COMPLIANCE WITH ANTITRUST PROCEDURES AND PENALTIES ACT
[ see first page and extracted highlights below  ] ItemID: 112796
4 pages
PDF
Total Documents: 5 documents , 41 pages
Price: $ 39.95


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1 . STIPULATION AND ORDER

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.
SNIPPETS:
  • UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
  • WHEREAS, plaintiff, United States of America, having filed its complaint on July,
  • International, S.A., by their respective attorneys, having agreed to the entry of this
  • stipulation and order without trial or adjudication of any issue of fact or law herein and
  • This Court has jurisdiction over the subject matter of this action and over each of the
  • "Brent contract" means a commercial transaction calling for the delivery FOB
  • at Sullom Voe, United Kingdom, of Brent blend crude oil, a crude oil produced in the North
  • purchase of a Brent contract for a given month forward; and sale of a Brent
  • "Contract for Differences") the price of which is determined by the difference between:
  • of Brent spread contracts or CFDs.
  • E. "Brokerage commission" means the amount of remuneration
  • This stipulation and order applies to each defendant; to each of its executive officers,
  • stabilize or maintain any brokerage commission for Brent spread contracts and CFDs or
  • a Brent spread contract or CFD with such trader as counter party or co-venturer;
  • that is required or authorized by the constitution, bylaws, rules, regulations, resolutions
  • include authority with respect to the purchase and sale of Brent
  • any government agency or self regulatory organization whose responsibilities,
  • written notice to the New York Office of the Antitrust Division of the United States
  • No finding of any violation of this stipulation and order may be made based solely
  • Each defendant shall maintain an antitrust compliance program which shall
  • The Antitrust Compliance Officer
  • of the Attorney General or of the Assistant Attorney General in charge of the Antitrust
  • No information, tape recordings, or documents obtained by the means provided in

  • 2 . MOTION FOR ENTRY OF STIPULATION AND ORDER

    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,
    
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
  • Pursuant to Section 2 of the Antitrust Procedures and Penalties Act, 15 U.S.C. 16 -, the
  • The complaint charges that the defendants - traders of Brent spread contracts and contracts
  • commissions paid to brokers located in the United States for arranging the purchase and sale
  • With the filing of its complaint, the United States filed a proposed Stipulation and Order,
  • signed by all the defendants, which, if entered by the Court, would terminate the litigation.
  • United States also filed a Competitive Impact Statement explaining the basis for the
  • complaint and the reasons why entry of the Stipulation and Order is "in the public interest."
  • as required by the Tunney Act.
  • Entry of the Stipulation and Order will terminate the civil antitrust action initiated by the
  • of the parties to apply to the Court for such further orders and directions as may be
  • This determination can properly be made on the basis of the record herein.
  • including negotiating settlements and determining whether such settlements
  • the antitrust violation alleged in the complaint and reasonably resolves the competitive
  • Microsoft Corp., 56 F.3d 1448, 1460 (D.C.
  • Cir.), cert.
  • the Court need decide only whether the proposed order is reasonably directed toward
  • prospective brokerage commission information.
  • It is the view of the United States, as more fully explained in the CIS, that the Stipulation

  • 3 . COMPETITIVE IMPACT STATEMENT

    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
    
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
  • The United States of America, pursuant to Section 2 of the Antitrust
  • Competitive Impact Statement in connection with the proposed Stipulation and
  • Order submitted for entry with the consent of defendants in this civil
  • and prospective brokerage commission information with the purpose and effect
  • namely the purchase and sale of Brent
  • spread contracts and contracts for differences,
  • Specifically, the complaint
  • reduced brokerage commissions.
  • proposed Stipulation and Order to resolve the allegations
  • The proposed Order will prevent each of the defendants from
  • Brent time spreads or CFDs or exchange any information for that purpose,
  • any other trader to lower, raise or change any such commission to be paid by
  • enter the proposed Order after compliance with the APPA,
  • punish violations of any of its provisions by contempt.
  • THE ALLEGED VIOLATION OF THE ANTITRUST LAWS
  • current and prospective brokerage commission information on commissions paid
  • likelihood that the settlement of this action will trigger the institution
  • of regulatory proceedings involving or the imposition of regulatory
  • sanctions against defendant AIG Trading Corporation,
  • and its subsidiaries comprise a large,
  • mutual fund advisory services and operation, and trading in the foreign
  • United States law includes authority over the purchase and sale of Brent

  • 4 . CIVIL COMPLAINT FOR RELIEF

    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
    
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
  • equitable and other relief to prevent and restrain violations of
  • Section 1 of the Sherman Act, as amended, 15 U.S.C. § 1.
  • Complaint, the United States alleges:
  • jurisdiction over the parties pursuant to 15 U.S.C. § 4 and 28
  • Complaint occurred in the Southern District of New York.
  • "Brent contract" means a commercial transaction
  • Brent blend crude oil, a crude oil produced in the North Sea, in
  • which the buyer must take delivery; at a price fixed at the
  • successor contract for a future purchase of Brent blend crude
  • "Brent spread contract" means a commercial transaction
  • contract for a given month forward; and sale of a Brent
  • regularly engaged in the business of providing, for remuneration,
  • "Brokerage commission" means the amount of remuneration
  • spread contracts or CFDs by other persons.
  • organized and existing under the laws of the State of Delaware,
  • each of the defendants identified above acted as a
  • have participated with defendants in the violation
  • The defendants are traders of Brent spread contracts
  • The brokerage commission paid
  • flow of interstate and foreign trade and commerce.
  • engaged in a combination and conspiracy in unreasonable restraint
  • of interstate trade and commerce in violation of Section 1 of the
  • combination and conspiracy may be renewed unless the relief

  • 5 . US COMPLIANCE WITH ANTITRUST PROCEDURES AND PENALTIES ACT

    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
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
  • PLAINTIFF'S CERTIFICATE OF COMPLIANCE WITH THE PROVISIONS OF THE ANTITRUST PROCEDURES AND
  • Plaintiff, United States of America, by the undersigned attorney, hereby
  • preparation for the entry of a final Stipulation and Order herein:
  • Plaintiff and the defendants stipulated to the entry, pursuant to
  • applicable law, of the proposed Stipulation and Order herein on July 18, 1997.
  • The proposed Stipulation and Order and Competitive Impact Statement
  • newspaper of general circulation in the District of Columbia, from July 25,
  • A copy of a certificate of publication by David
  • Washington, an authorized agent of The Washington Post, certifying publication
  • on those dates of the text annexed to the certificate is attached as Exhibit
  • Competitive Impact Statement was published in The New York Times, a newspaper
  • Debbie Terra, an authorized agent of The New York Times, certifying
  • Impact Statement in the Federal Register, and ended on September 30, 1997.
  • has received no comments relating to the proposed Stipulation and Order.
  • All defendants filed descriptions of written or oral communications
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