Word: antitrust
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...dissents in pornography cases. The most aware, least ivory tower among the Justices. Pragmatically concerned with a decision's impact. A modest phrasemaker in an effort to give the public a handle on a case's difficulties (on defining obscenity: "I know it when I see it"; on court antitrust decisions: "The only consistency is that the Government always wins"). Has publicly praised the reporters who helped expose Watergate. Seemed an almost certain pro-Jaworski vote...
...Engman, 38, was expected to be an obedient errand boy when he was named last year to head the Federal Trade Commission, which the Nixon Administration felt had become a bit too aggressive. But the Harvard lawyer has shown a broad streak of independence. For starters, he filed an antitrust suit against Exxon and seven other major oil companies who both produce and distribute oil. With Ralph Nader as ally and Budget Director Roy Ash as adversary, Engman has been fighting to require more detailed financial reporting from major U.S. corporations. Recently he attacked TV ads aimed at children. With...
Writing eight years ago about antitrust cases that came before the Supreme Court, Justice Potter Stewart grumbled: "The sole consistency that I can find is that . . . the Government always wins." His implication was that the high court's liberal majority, then headed by Earl Warren, would strike down any corporate merger that federal trustbusters challenged on any grounds at all. Lately, however, the court, now including four conservative judges appointed by President Nixon, among them Chief Justice Warren Burger, has been shifting to a considerably more permissive view of mergers...
...Enough. The Department of Justice is expected to look into possible antitrust violations. In 1969 John Mitchell, then Attorney General, announced that the department "may very well oppose any merger among the top 200 manufacturing firms or firms of comparable size in other industries." Since Mobil is the seventh largest industrial firm by sales and Marcor the fourth biggest general retailer by assets, a merger between them would seem to fall squarely within the Mitchell guideline...
...defendant's misguided loyalty seems a shaky basis for judicial compassion. That could be a rationale for going easy on most of the Watergate offenders. Kleindienst's offense was to testify-falsely-that the President had never applied any pressure on him in the celebrated ITT antitrust cases. Later he admitted that at one point, Nixon had ordered him to drop a Supreme Court appeal with the admonition: "You son of a bitch, don't you understand the English language?" Certainly the Senate committee had been totally deceived by his testimony. But Hart fined Kleindienst only...