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INVESTIGATION
POLYESTER PRICE FIXING PROBED
Justice Department indicts former Nan Ya executive for alleged conspiracy
MARC REISCH
Word of the latest Justice Department probe into chemical industry price fixing surfaced with the indictment of a former Nan Ya Plastics sales manager for allegedly conspiring to fix prices of polyester staple fiber, used to make clothing, draperies, bedding, and upholstery.
A federal grand jury in Charlotte, N.C., brought the indictment against Robert Bradley Dutton, who left Nan Ya to form his own firm in June 2001. Nan Ya, a Formosa Group company, makes polyester in Lake City, S.C.
Jeffrey T. Green, an attorney for Nan Ya, says Dutton did not leave at the firm's behest. In fact, he says, "The company is distressed to hear about the charges against Mr. Dutton. We do not think that they are well founded."
According to the Justice Department, Dutton and unnamed coconspirators divvied up customers and agreed on prices to be charged. The conspirators also set up mechanisms to monitor and enforce their agreement from September 1999 to at least January 2001, the department says.
Nan Ya, along with polyester fiber makers Wellman, KoSa, DAK Americas, and DuPont, say they have cooperated with the Justice Department investigation, which began in January 2001. All five fiber makers deny they or their employees attempted to fix prices.
Nevertheless, other indictments are likely to come soon, since there is no such thing as a conspiracy of one. According to sources, not only did investigators subpoena documents from fiber makers, but FBI agents also raided employees' homes to gather information.
The government is also currently probing auto paint makers and has fined producers of monochloroacetic acid, amino acids, and vitamins--including Roche, which paid a record $500 million fine in 1999--for fixing prices. |