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3. District Court in San Francisco, from April 1, 1''' to June 15, 2002, Elpida conspired with unnamed DRAM manufacturers to fix the prices of DRAM sold to certain computer and server manufacturers. The customers directly affected by the price–fixing conspiracy were: Dell Inc., Compaq Computer Corporation, Hewlett–Packard Company, Apple Computer Inc., International Business Machines Corporation, and Gateway Inc. In addition, Elpida conspired with an unnamed DRAM manufacturer to rig a bid for a lot sold to Sun Microsystems Inc. in March 2002. Under the plea agreement, which must be approved by the court, Elpida has agreed to cooperate with the government in its ongoing investigation of other DRAM producers. Upon entry of the plea agreement with Elpida, the Department will also enter into Cooperation and Non–Prosecution Agreements with Elpida‘s corporate predecessors, NEC Corporation and Hitachi Ltd.