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STOLT-NIELSEN S.A. v. U.S.

No. Civ.A.04-CV-537.

352 F.Supp.2d 553 (2005)

STOLT-NIELSEN S.A., Stolt-Nielsen Transportation Group Ltd. and Richard B. Wingfield v. UNITED STATES of America.

United States District Court, E.D. Pennsylvania.

January 14, 2005.

Attorney(s) appearing for the Case

George J. Terwilliger, III, J. Mark Gidley, Christopher M. Curran, George L. Paul, Peter J. Carney, Lucius B. Lau, White & Case, LLP, Washington, DC, Ian M. Comisky, Blank Rome LLP, Philadelphia, PA, for Stolt-Nielsen Transportation Group, Ltd.

Allen D. Black, Roberta D. Liebenberg, Gerard A. Dever, Fine, Kaplan and Black, RPC, Philadelphia, PA, for Richard Wingfield.

Antonia R. Hill, United States Dept. of Justice, Patrick L. Meehan, U.S. Attorney Office, Robert E. Connolly, U.S. Department of Justice, Antitrust Division, Philadelphia, PA, for Defendant.

MEMORANDUM AND ORDER

SAVAGE, District Judge.

In this civil action where we are asked to enjoin the government from prosecuting the plaintiffs for criminal antitrust violations, we must first answer two threshold questions. First, can the government unilaterally rescind an immunity agreement without a judicial determination that the other party breached the agreement? Second, if it can not, should the determination be made before or after indictment...

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