U.S. manufacturers want to bring a suit against Japanese manufacturers, alleging a conspiracy to take over the U.S. automobile industry by exporting low-priced products to the United States while keeping the prices artificially high in Japan. The U.S. manufacturers tell you, their attorney, that the Japanese manufacturers have formed an association in which they discuss market conditions in the United States, potential or actual import restrictions, surcharges, and simplification of export procedures, as well as other topics.
a. In light of these facts, what are the chances of successfully bringing an antitrust suit against these manufacturers? Assume that there is no conflict-of-law or other procedural problems due to the manufacturers being in another country.
b. What if, instead of discussing the topics listed above, the manufacturers discussed the details of individual sales, production, inventories, current price lists, and future price trends?
c. What if they discussed average costs, freight rates, and terms of past transactions without identifying buyers or sellers? [Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986).]
a. In light of these facts, what are the chances of successfully bringing an antitrust suit against these manufacturers? Assume that there is no conflict-of-law or other procedural problems due to the manufacturers being in another country.
b. What if, instead of discussing the topics listed above, the manufacturers discussed the details of individual sales, production, inventories, current price lists, and future price trends?
c. What if they discussed average costs, freight rates, and terms of past transactions without identifying buyers or sellers? [Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986).]
