Word: antitrusters
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...year ago, Berkey Photo (1978 revenues: $199 million) won a major victory over giant Eastman Kodak ($7 billion) in one of the largest private antitrust suits in history. A federal district-court jury in Manhattan found that Kodak, which made more than 80% of the film sold in the U.S. in 1973, when the case was first brought, and garnered over 60% of camera sales, not only had monopoly power in the amateur-photography field but had used this power unfairly. Berkey was awarded treble damages of $87 million. Now, in an equally stunning reversal, the U.S. Second Circuit Court...
...Antitrust experts are intrigued by Kaufman's forceful insistence that courts should not automatically judge bigness to be badness. That is the issue in the current major antitrust cases that the Justice Department is pursuing against IBM and AT&T. Kaufman's reasoning has yet to be tested in other cases and in higher court. Still, some lawyers find it to be a rare reassertion of what used to be a traditional antitrust rule: that the mere existence of monopoly power does not make a big company culpable under the Sherman Act. In the classic interpretation of antitrust...
...year in shipping costs. In a report sent to Congress, Carter attacked the present system, which puts the independents at a competitive disadvantage. "Collective rate making, commonly known as price fixing, is normally a felony," he wrote. "But the trucking industry has enjoyed a special exemption from the antitrust laws. This immunity allows trucking companies to meet in secret and decide the prices they will charge for truck transportation. Although rate agreements are theoretically subject to ICC review, the ICC has been inclined to rubber-stamp rate agreements rather than subject them to an independent and thorough review...
Last week's congressional hearings concentrated on what the U.S. could learn from foreign countries. Joji Arai, manager of the U.S. office of the Japan Productivity Center, cited 15 reasons for his country's productivity surge, including lax antitrust enforcement, large spending on R. and D., and joint management-worker programs to increase quality and eliminate production-line bottlenecks. Looking at the European experience, Eugene Merchant, director of research planning for Cincinnati Milacron Inc., emphasized the importance of the so-called trilateral relationship among Government, universities and companies. This is an idea that Europe adopted from...
...article, which appeared in the quarterly's fall 1978 issue, was written by Washington Lawyer Max M. Kampelman. It urges the establishment of a professional code of ethics, the use of internal ombudsmen, and passage of antitrust measures to contain the growth of media conglomerates. Perhaps most significant for Sinatra, Kampelman argues for statutory revisions that would make it easier for public figures to win libel suits...