The Fall of the U.S. Consumer Electronics Industry: An American Trade Tragedy

By Philip J. Curtis | Go to book overview
Be generous in your contributions to American think tanks, which are expert at rationalizing unfair trade tactics.
Read Pat Choate Agents of Influence ( 1990) and Clyde V. Prestowitz's Trading Places: How We Allowed Japan to Take the Lead ( 1988). These excellent works provide an accurate overview of America's systemic weaknesses in government.
Last and most important, invest in lobbyists who are well known for their influence in the U.S. trade establishment.

NOTES
1.
The Sherman Act and the Antidumping Act of 1916 overlap to a degree and are complementary one to the other. The Sherman Act requires a "contract, combination or conspiracy" in restraint of trade. The Antidumping Act of 1916 does not. The latter can be breached by a single company or companies not necessarily combining or conspiring with another and requires evidence of a specific "intent to injure."
2.
These were successful antitrust treble-damage actions in which customers of heavy electrical equipment alleged and proved that General Electric, Westinghouse, and some twenty-five other manufacturers had conspired to fix prices and allocate markets for practically all equipment utilized in the generation, transmission, and distribution of electricity in the United States. A court that handled that famous litigation was well equipped, we believed, to handle the Zenith case.
3.
NUE was a successor to the pioneer Emerson radio company.
4.
See details of the "settlement" in Appendix VII at original pp. 37-41. Zenith and other industry members' efforts to attack the settlement were unsuccessful. The courts avoided having to review the massive fix by alluding to the power of the executive branch "to settle claims."
5.
For example, in 1906 during the high tariff era in America, Mr. Gary of the infamous Steel Trust defended its notorious predatory dumping activities in foreign markets: "Of course we are pressing this export business because we want a place to put our goods, as it so materially affects the employment of our labor and also because it so materially affects our balance of trade. . . . We want to bring all the foreign money we can into this country." Iron Age, April 1906, p. 1324.
6.
See Jacob Viner, Dumping: A Problem in International Trade ( 1966), pp. 80-93.
7.
Rule 57 of the Federal Rules of Civil Procedure.
8.
63 Texas L.R. 1 ( 1984).
9.
Transcript of the oral argument in the Supreme Court at pp. 20-21.
10.
The Supreme Court had accurately defined "conspiracy" in a number of antitrust cases throughout the decades, beginning in 1893, as "a combination of two or more persons, by concerted action to accomplish a criminal or unlawful purpose or some purpose not itself criminal or unlawful, by criminal or unlawful means." Pettibone v. United States, 148 U.S. 197, 203 ( 1893); Duplex Printing Press Co. v. Deering, 254 U.S. 443, 465-466 ( 1921); Truax v. Corrigan, 257 U.S. 312, 327 ( 1921).
11.
Transcript of the oral argument in the Supreme Court at p. 7.

-227-

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The Fall of the U.S. Consumer Electronics Industry: An American Trade Tragedy
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • List of Exhibits and Appendices ix
  • Acknowledgments xi
  • Introduction xiii
  • 1 - The Age in Which the Electronics Conspiracies Began 1
  • Notes 19
  • 2 - Zenith Challenges the Patent Racket 23
  • Notes 73
  • 3 - Trial is Imminent 75
  • Notes 101
  • 4 - It Ain't Over Till It's Over"" 103
  • Notes 151
  • 5 - Japanese Government Subsidies 153
  • Notes 184
  • 6 - The Final Battle: Matsushita Et Al. V. Zenith 185
  • Notes 227
  • Afterword 229
  • Notes 231
  • Appendices 233
  • Bibliography 331
  • Index 335
  • About the Author 339
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