IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA
STATE OF WEST VIRGINIA
ex rel. DARRELL V. McGRAW, JR.,
Attorney General,
Plaintiff,
v. CIVIL ACTION NO.____________
JUDGE_______________________
KIMBERLY-CLARK CORPORATION,
a Delaware corporation; FORT JAMES
CORPORATION, a Virginia corporation;
BAY WEST PAPER CORPORATION, a
Wisconsin corporation; ENCORE PAPER
COMPANY, INC., a Delaware corporation;
MARCAL PAPER MILLS, INC., a New
Jersey corporation; AND WISCONSIN
TISSUE MILLS, INC., a Delaware corporation,
Defendants.
COMPLAINT AND DEMAND FOR JURY TRIAL
I.
SUMMARY OF COMPLAINT
The State of West Virginia, ex rel. Darrell V. McGraw, Jr., Attorney General, (the "State"),
capacity, and as an injured purchaser, brings this action against Defendants Kimberly-Clark
James Corporation, Bay West Paper Corporation, Encore Paper Company, Inc., Marcal Paper Mills,
Wisconsin Tissue Mills, Inc. (collectively, "Defendants" or "Defendant Mills"). The State seeks
civil penalties and monetary damages to remedy and compensate it for injuries suffered as a result
Mills' violations of the State's antitrust laws. The State alleges that the Defendant Mills
in a conspiracy, combination or concert of action in unreasonable restraint of trade or commerce by
and raise the prices of commercial sanitary paper products.
The claims asserted in this complaint were initially advanced as supplemental state law
SNIPPETS:
IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA
a Delaware corporation; FORT JAMES CORPORATION, a Virginia corporation; BAY WEST PAPER
COMPLAINT AND DEMAND FOR JURY TRIAL
capacity, and as an injured purchaser, brings this action against Defendants Kimberly-Clark
Wisconsin Tissue Mills, Inc..
Mills' violations of the State's antitrust laws.
The State alleges that the Defendant Mills entered into and engaged
in a conspiracy, combination or concert of action in unreasonable restraint of trade or
and raise the prices of commercial sanitary paper products.
Antitrust Act in this Complaint.
"Commercial" refers to sanitary paper products which are sold for use in the commercial
"Defendants" or "Defendant Mills" refers to Kimberly-Clark Corporation, Fort James
"Governmental entities" means any or all political subdivisions, public agencies,
Defendant Kimberly-Clark Corporation is a commercial sanitary paper products manufacturer
Upon information and belief, other persons, firms, corporations and entities not named as
states by distributors who purchase most of the Defendants' products and resell them to the
For the purpose of forming, effectuating and furthering the conspiracy, the Defendant Mills
Determine whether distributors would support price increases and to communicate
The Defendant Mills demonstrated their commitment to their agreement to fix, raise, maintain
As a direct and proximate result of the unlawful contract,
The State cannot quantify at this time the precise amount of damages which it has suffered,
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