Anti-Trust Law Related to Firms
Wednesday, July 12th, 2006Many observers are concerned that the antitrust laws are often used by inefficient firms to protect themselves from the competition of more-efficient rivals. When they are unable to win out in the marketplace, the argument goes, they simply start a lawsuit against their competitors, claiming that those rivals have achieved success by means that violate the antitrust laws. Not only do they seek the protection of the courts against what they describe as “unfair competition” or “predatory practices,” but they often sue for compensation which, under the law, can sometimes be three times as large as the damages they have suffered. Moreover, even if the defendant is found to be innocent, it must normally pay the very high costs of the litigation itself. Aside from the enormous waste that such suits entail, observers worry that this is a perversion of the antitrust laws, which were, after all, designed to promote competition, not to prevent it. Three examples, one very old and two very recent, illustrate the nature of such litigation.’ These three cases also show that the courts are often sufficiently wise to throw out such attempts to use the antitrust laws to prevent competition.
The Schoolmaster Case. In 1410, two Gloucester schoolmasters brought suit charging a third schoolmaster with trespass, on the ground that the latter had entered into business in competition against themselves in the same town, and in the process offered a per-pupil fee some 70 percent lower than their own. The claim was rejected by the court, and one of the judges commented “…though another equally competent with the plaintiffs comes to teach the children, this is a virtuous and charitable thing, and an ease to the people, for which he cannot be punished by our law.” (Court of Common Pleas [1410]).
AMI versus IBM. Allen-Myland Inc. (AMI) is a small firm specializing in the upgrading of computers, in which it had obtained handsome profits, in a period when expansion of a computer’s capacity was very laborious. However, technological progress by IBM had reduced a labor-intensive task to the simple installation of a small and highly reliable part that took several minutes of essentially unskilled labor, thus rendering obsolete many of the services offered by AML AMI sued IBM, seeking to persuade the court to impose an artificial and expensive market niche for upgrading services, with AMI permanently protected from competitive pressures. The court’s decision completely rejected AMI’s position (Eastern District of Pennsylvania [1988]). The decision is now under appeal.
Sewell Plastics versus Coca-Cola, Southeastern Container et al. The Sewell Plastics Company had a preponderant share in the manufacture of plastic soft-drink bottles in the United States. At one time, it sold two-liter bottles at a price somewhat above 30 cents per bottle. A group of CocaCola bottlers in the Southeast considered the price too high, and formed a cooperative firm, “Southeastern Container,” to manufacture plastic bottles for themselves. Within five years Southeastern had reduced its cost below 14 cents per bottle, and real retail prices of soft drinks also fell. Despite rising national sales and profits, Sewell decided to sue Southeastern, explicitly admitting that it was seeking to persuade the court to force a sale of Southeastern to itself or, as a possible alternative, to force Southeastern’s customers to sign exclusive purchasing contracts with Sewell. In the spring of 1989 the judge dismissed Sewell’s claims (U.S. District Court, Western District, North Carolina [April, 1989]).


