Word: antitrusters
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Dates: during 1960-1969
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...Eastern tieup with any big airline would very likely win the blessing of CAB's merger-promoting Chairman Alan Boyd. Under the Federal Aviation Act of 1958, CAB approval gives an airline freedom from antitrust prosecution...
Until the waning days of 1961, it was possible to argue that under Attorney General Robert Kennedy the Justice Department was actually showing itself easier on business than it had in the days of Dwight Eisenhower: in the first year of the Kennedy Administration the Justice Department brought fewer antitrust suits than it did in the last year of the Eisenhower Administration. Then, in one action, the Kennedy trustbusters more than made up the difference by unlimbering a startling new concept of antitrust enforcement...
...field. From the Justice Department viewpoint, this would have twin advantages: 1 ) it would make all G.E. divisions, rather than just those already convicted, fearful of price fixing; and 2) since there are no statutory limits on contempt of court sentences as there are on penalties for antitrust violations, a judge could, if he chose, punish future price fixing by G.E. far more heavily than the antitrust laws call...
...lawyers were sure that peppery Lee Loevinger, chief of Justice's Antitrust Division, had initiated the new action in reprisal for G.E.'s refusal to sign a consent decree under which the company would bind itself not to charge "unreasonably low" prices that might tend to harm competitors. Another theory was that Loevinger was worried by the vagueness of the proposed consent decree, which might make it legally untenable...
...Justice Department had a different explanation. Pointing out that G.E. had been found guilty in 29 antitrust actions in the last 50 years, the trustbusters described the court order as the only way to frustrate "G.E.'s proclivity for persistent and frequent involvement in antitrust violations." The trustbusters also denied G.E.'s contention that the order would saddle the company with the burden of proving its innocence, argued instead that it would still be up to the Government to prove violations...