Word: courtly
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Dates: during 1970-1979
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Brennan did not address the issue, but it is clear that the EEOC can obtain court-ordered affirmative action, including quotas, if it proves past discrimination. Most affirmative-action programs exist because employers cannot get federal contracts without them. Last week the Government said it would no longer buy from Uniroyal, charging that the company had balked at setting up an affirmative-action program for women. Uniroyal is only the 21st company to be so penalized in 15 years, but it is the biggest-with $35 million in outstanding Government contracts...
...Another court decision last week will be closely studied by businessmen, especially those in industries with one or a few dominant firms...
...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...
...page opinion, Chief Judge Irving R. Kaufman of the appeals court said that the fact that Kodak dominated its field was no reason to penalize it for having taken the lead with the 110 system. "The mere possession of monopoly power does not ipso facto condemn a market participant," Kaufman wrote. Moreover, he added, "the first firm, even a monopolist, to design a new camera format has a right to the lead time that follows from its success...
Kodak officials were naturally delighted with the decision, though their court troubles may not be over. Berkey may try to appeal Kaufman's ruling to the U.S. Supreme Court, or it can return to the district court with the part, of its suit that Kaufman said must be retried (this involved alleged abuses by Kodak of its dominant position in the photographic-paper market...