Doj Cooperation Agreement

As part of the DRAM project, UMC has recruited engineers from various companies, including Micron Memory Taiwan, Co., Ltd., (« MMT »). UMC has never requested or did not expect former MMT employees to provide confidential or secret information to UMC. However, as stated in Plea`s agreement, two former MMT employees assigned to the DRAM project provided UMC with confidential and alleged trade secrets from former employers, in direct violation of the UMC guidelines and their UMC employment contracts, which were part of the UMC`s measures to prevent the unauthorized use of confidential information. Among these materials was the trade secrecy that was the subject of the admission of guilt. In August 2016, one of these collaborators entered parameters derived from this trade secret into an early project of umc rules for the first generation of the DRAM project. These actions were both unauthorized and contrary to the UMC guidelines. Specific characteristics of the offence: since the defendant`s conduct involved participation in an agreement to bid non-competitive bids, the basic penalty level is increased by 1 level in accordance with U.S.S.G. 2R1.1 (b) (1). Since the volume of transactions that can be reported to the defendant is more than $10,000,000, but less than $40,000,000, the basic penalty level is increased by 4 additional levels because the volume of transactions that can be inflicted on the defendant is more than $10,000,000, but less than $40,000,000. In May 2007, SK Foods and B-G entered into a « Cost Plus » contract in which SK Foods agreed to sell 13,000,000 pounds of chilli and jalapeno pepper at a price of $0.22 per pound. Following the conclusion of the agreement and on the instruction of another SK Foods executive, Rahal and Bribe Recipient agreed #1 to increase the price of sterling that B-G would pay to SK Foods under the agreement. Rahal and another SK Foods executive also agreed that they would provide bribe recipients #1 a fictitious justification for the increase in the price of the contract, namely that SK Foods was experiencing higher farm costs for peppers and that the lender #1 its employers would justify this justification. According to Deputy Attorney General Makan Delrahim of the DOJ`s Cartel Department, the framework « establishes a new standard for implementation cooperation by strengthening our international aid and evidence-gathering instruments in the increasingly digital and global economy. » The framework also includes a model agreement that agencies can use as a basis for information exchange and support agreements for investigations that are supposed to be « broadly reciprocal » and that specify the procedure for requesting and providing investigative assistance.

These agencies have shared evidence in previous antitrust investigations, including cartel investigations. Existing contracts and mutual legal aid agreements covering a wide range of criminal cases have enabled competition authorities to exchange documents and registrations relating to price fixing and market allocation. In addition, as noted above, the Government agrees that the incriminating information provided by the defendant during its cooperation will not be used to determine the applicable reference value in its case in accordance with the US.S.S.G. S.1B1.8. By January 2004 and at least April 2008, Rahal and other SK Foods executives, employees and employees have reached an agreement to manage SK Foods` business and business through a pattern of fighting in the Eastern District of California and elsewhere.