THE RESPONDENTS. 1. Respondent Fresenius AG is a corporation organized, existing and doing business under and by virtue of the laws of Germany with its office and principal place of business located at Xxxxxxxxxx 00, 00000 Xxxxxxxxx/Xx, Xxx Xxxxxxx, Xxxxxxx.
2. Respondent Fresenius USA, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of Massachusetts with its principal place of business located at 0000 Xxxxxxxxxx Xxxxx, Xxxxxx Xxxxx, Xxxxxxxxxx 94598.
3. At all times relevant herein, the Respondents (collectively "Fresenius") have been, and are now, engaged in commerce as "commerce" is defined in Section 4 of the Federal Trade Commission Act (15 U.S.C. § 44) and Section 1 of the Xxxxxxx Act (15 U.S.C. § 12), and are corporations whose business is in or affecting commerce as defined in Section 4 of the Federal Trade Commission Act (15 U.S.C. § 44).
THE RESPONDENTS. Respondent OCEMA is a District of Columbia non-profit corporation established pursuant to FMC Agreement No. 011284, effective July 6, 1990, and the latest version of which is No. 011284-81, effective July 6, 2020. OCEMA’s business address is 0000 00xx Xxxxxx, X.X., 0xx Xxxxx, Xxxxxxxxxx, X.X. 00000. According to its website: OCEMA is an association of major U.S. and foreign flag international ocean common carriers. OCEMA provides a forum for its members to discuss, evaluate and reach agreement with respect to matters pertaining to the interchange, transportation, use and operation of carrier equipment in the U.S. Included in its scope are equipment-related operational, safety, and regulatory activities such as participation in industry forums, educational sessions, regulatory proceedings and legislative matters. OCEMA members operate worldwide and serve all major U.S. ports and inland locations, moving cargoes primarily in containers. As a regular part of intermodal transportation services provided to U.S. manufacturers, importers, retailers and others, OCEMA members interchange cargo to be carried to and from U.S. inland locations via motor carriers and railroads. An essential element of these inland operations involves the movement of containers on intermodal chassis and rail cars. OCEMA, xxxx://xxx.xxxxx.xxx/about.html. XXXXX’s “Senior Steering Committee is comprised of Senior representatives from each OCEMA member line and is the primary forum for high level policy discussions”; XXXXX’s Executive Committee serves as its board of directors. OCEMA reaches agreements on policies relating to the operation of Chassis Pools, and communicates these operating instructions to any entity formed to own or operate a Chassis Pool. OCEMA’s website reports that its members are responsible for 80 percent of global container traffic. Respondent’s email address is xxxxxxxxx@xxxxx.xxx.
THE RESPONDENTS. The First and Second Respondents, Xxxxxxx (“Xxxxx”) Xxxxxxx and PwC, are respectively a member and member firm of the Institute of Chartered Accountants in England and Wales (“ICAEW”). From 2003, PwC was the auditor of the Taveta Group which, from July 2009, included Taveta 2, Arcadia and the BHS Group and its subsidiaries (including BHS Limited). Xx Xxxxxxx was, from 2009, the PwC Senior Statutory Auditor for the Taveta Group. He was the Engagement Partner responsible for the conduct and overall quality of the audit. He signed relevant auditors’ reports on the financial statements in his own name on behalf of PwC. The Misconduct concerns the Respondents’ audit opinions on the financial statements for the year ending 30 August 2014 of the Taveta Group, BHS Group and BHS, Arcadia and Taveta 2. The Respondents’ statutory responsibility was to form an opinion as to whether the financial statements showed a true and fair view and had been properly prepared in accordance with UK GAAP and the Companies Act 2006. An audit involves obtaining “audit evidence” about the amounts and disclosures in the financial statements sufficient to give reasonable assurance that the financial statements are free from material misstatement, whether caused by fraud or error. PwC calculated materiality to be £11.6 million for Taveta Group, £2.2 million for BHS Group and £8.5 million for BHS Limited. Audit evidence is defined in ISA 500 as “information used by the auditor in arriving at the conclusions on which the auditor’s
THE RESPONDENTS. 1. Respondent Class Rings, Inc., a corporation formed and controlled by Xxxxxx Xxxxxx Partners II, L.P., is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Delaware with its office and principal place of business located at 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000.
2. Respondent Xxxxxx Xxxxxx Partners II, L.P. (“Xxxxxx Xxxxxx”) is a limited partnership organized, existing, and doing business under and by virtue of the laws of the State of Delaware with its office and principal place of business located at 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. Xxxxxx Xxxxxx is a venture capital partnership organized by Xxxxxx Xxxxxx, Inc., a New York-based investment firm.
3. Respondent Town & Country Corporation is a corporation organized, existing, and doing business under and by virtue of the laws of the Commonwealth of Massachusetts with its office and principal place of business located at 00 Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000.
4. At all times relevant herein, all respondents have been and are now engaged in commerce as “commerce” is defined in Section 1 of the Xxxxxxx Act, 15 U.S.C. § 12, and are partnerships or corporations whose business or practices are in or affecting commerce as “commerce” is defined in Section 4 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 44.
THE RESPONDENTS. 15. Upon information and belief, Respondent Evergreen Marine Corp. (Taiwan) Ltd. is a company existing under the laws of Taiwan with a principal place of business located at 0-0X., 000 Xxxxxxxx Xxxx Xxxx, Xxxxxxx 0, Xxxxxx Xxxx, Xxxxxx, and is a vessel-operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 001262.
16. Upon information and belief, Respondent Italia Marittima SpA is a company existing under the laws of Italy with a principal place of business located at Xxxxxxxxx X. Xxxxxx, 4-34123, Trieste, Italy, and is a vessel-operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 020013.
17. Upon information and belief, Respondent Evergreen Marine (UK) Ltd. is a company existing under the laws of the United Kingdom with a principal place of business located at Evergreen House, 000 Xxxxxx Xxxx, Xxxxxx, Xxxxxxx, XX0 0XX U.K., and is a vessel- operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 020776.
18. Upon information and belief, Respondent Evergreen Marine (Hong Kong) Ltd. is a company existing under the laws of Hong Kong with a principal place of business located at 22-
19. Upon information and belief, Respondent Evergreen Marine (Singapore) Pte. Ltd. is a company existing under the laws of Singapore with a principal place of business located at 000 Xxxxxxxxxx Xxxx, #00-00, Xxxxxxxxxx, Xxxxxxxxx, 000000, and is a vessel-operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 022005.
20. The foregoing Respondents, along with Evergreen Marine (Asia) Pte. Ltd. (a vessel-operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 029054), together form the Respondent Evergreen Line Joint Service Agreement, FMC No. 011982, and together do business as Evergreen Line. Evergreen Line Joint Service Agreement is itself a vessel-operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 020775.
THE RESPONDENTS. 6.1 The First Respondent, Xx Xxxxxxxx (达声蔚), is a citizen of the People’s Republic of China (“China” or the “PRC”) with his ID card number of 00000000000000000X and ID card residence at Room 2201, No. 10, Ding Xiang Road 1599 Nong, Pudong New District, Shanghai (上海市浦东新区丁香路 0000 弄 00 号 0000 室). The contact details of the First Respondent as per Section 17.4 and Exhibit A of the Investors’ Agreement are as below: Address: 6 Floor, Building E, No. 2889, Jinke Road, Pudong, Shanghai, PRC (上海市浦东新区金科路 0000 号长泰广场 X 座 0 楼) Telephone: +00 00 0000 0000 Fax: +00 00 0000 0000*19
6.2 The Second Respondent, Xxxx Xx (宋烨), is a citizen of the PRC with her ID card number of 422423197504200064 and ID card residence at No. 19, Qian Xi Wa Chang Hu Tong, Xicheng District, Beijing (北京市西城区前细瓦厂胡同 00 号). The contact details of the Second Respondent as per Section 17.4 and Exhibit A of the Investors’ Agreement are as below: Address: 6 Floor, Building E, No. 2889, Jinke Road, Pudong, Shanghai, PRC (上海市浦东新区金科路 0000 号长泰广场 X 座 0 楼) Telephone: +00 00 0000 0000 Fax: +00 00 0000 0000*19
6.3 The Third Respondent, Yi Technology Inc., is a company incorporated and existing under the Laws of the Cayman Islands, with its registered office at Corporate Filing Services Ltd., P.O. Box 61, 0xx Xxxxx Xxxxxxx Xxxxxx, Xxxxx Xxxxxx Xxxxxx, Grand Cayman KY1-1102, Cayman Islands. The contact details of the Third Respondent as per Section 17.4 and Exhibit A of the Investors’ Agreement are as follows: Address: 6 Floor, Building E, No. 2889, Jinke Road, Pudong, Shanghai, PRC (上海市浦东新区金科路 0000 号长泰广场 X 座 0 楼) Telephone: +00 00 0000 0000 Fax: +00 00 0000 0000*19 Attention: Xxx Xxxxx (鲍立慧)
6.4 The Fourth Respondent, Xxxxx Xxxxxxx (Shanghai) Information Technology Co. Ltd. (云蚁智联（上海）信息技术有限公司), formerly known as Shanghai Xiaoyi Technology Co. Ltd. (上海小蚁科技有限公司), is a limited liability company incorporated and existing under the Laws of the PRC, with its registered office at No. 18, Chuan He Road 55 Nong, No. 366, Shang Ke Road, China (Shanghai) Pilot Free Trade Zone (中国（上海）自由贸易试验区上科路 366 号、川和路 55 弄 18 号). The contact details of the Fourth Respondent as per Section 17.4 and Exhibit A of the Investors’ Agreement are as below: Address: 6 Floor, Building E, No. 2889, Jinke Road, Pudong, Shanghai, PRC (上海市浦东新区金科路 0000 号长泰广场 X 座 0 楼) Telephone: +00 00 0000 0000 Fax: +00 00 0000 0000*19 Attention: Xxx Xxxxx (鲍立慧)
6.5 The Fifth Respondent, Shanghai Yunyi Technology Co., Ltd. (上海云蚁科技有限公司) is a limited liability company inco...
THE RESPONDENTS. A. The Corporate Respondents
7. None of the corporate respondents were registered with the Commission in any capacity during the Material Time.
8. AIRC is an Ontario company incorporated on February 12, 2007. AIRC employs Agoracom representatives and contracts with clients to provide investor relations services.
9. AIEC is an Ontario company incorporated on April 23, 1997. Revenue from Agoracom gets reported to AIEC.
10. Together, AIRC and AIEC carry on business in Toronto, Ontario as “Agoracom” and perform the business of an online investor relations firm for public companies whose securities are publicly listed in Canada.
THE RESPONDENTS. Coinsquare 1 operates a crypto asset trading platform based in Toronto (the Coinsquare Platform) that facilitates the buying and selling of crypto assets, including bitcoin, litecoin and ether. The Coinsquare Platform opened to the public in late 2014. As of December 14, 2019, it had approximately 235,000 client accounts.
THE RESPONDENTS. Respondent Casey’s, a publicly traded company headquartered in Ankeny, Iowa, owns and operates roughly 2,200 retail fuel outlets and convenience stores in 16 Midwestern states, primarily Iowa, Missouri and Illinois. Casey’s convenience stores operate under the Casey’s name, and its retail fuel outlets sell under unbranded fuel banners. Respondent Xxxxx’s is a family-owned chain of retail fuel outlets and convenience stores headquartered in Omaha, Nebraska. It has approximately 170 stores in its network, including 94 company-operated sites, and currently operates the largest chain of convenience stores in the Omaha metro area, under the Bucky’s name, with additional stores in Chicago, Illinois. Bucky’s retail fuel outlets sell under a variety of third-party branded and unbranded fuel banners.
THE RESPONDENTS. Seven & i Holdings Co., Ltd., a publicly-traded company headquartered in Tokyo, Japan, owns and operates convenience stores and retail fuel outlets worldwide under the 7-Eleven brand. 7-Eleven, Inc. owns, operates, and franchises approximately 9,000 stores in the United States, making it the largest convenience store chain in the country. Roughly 46 percent of 7-Eleven’s stores offer fuel. 7-Eleven’s revenue in 2020 totaled over $20 billion, with fuel sales accounting for over $13 billion. Marathon, a publicly-traded company headquartered in Findlay, Ohio, operates a vertically-integrated refining, marketing, retail, and transportation system for petroleum and petroleum products. Marathon is the largest U.S. refiner, with approximately 2.9 million barrels per day of crude oil refining capacity. In 2020, Marathon’s revenues totaled over $69 billion. Marathon’s former wholly-owned subsidiary, Speedway, controls and sets retail fuel pricing at 3,898 retail transportation fuel and convenience stores across the United States, making it the third-largest domestic chain of company- owned and -operated retail fuel outlets and convenience stores. Speedway’s 2020 retail business revenues totaled over $19 billion, with sales of nearly 6 billion gallons of gasoline and diesel in 2019.
