U.S. v. Gestetner Corporation

DEPARTMENT OF JUSTICE

Antitrust Division

[Civil No. 64-CIV. 3121]

U.S. v. Gestetner Corporation

Take notice that Gestetner Corporation, defendant in this action,

has filed a motion for an Order terminating the Final Judgment which

was entered on September 9, 1968, in this antitrust action. The United

States of America (``Government'') has consented to the entry of such

an Order, but has reserved the right to withdraw its consent for at

least seventy (70) days after the publication of this notice.

The Complaint in this case was filed on October 14, 1964, and

charged Gestetner with conspiring with independent Gestetner dealers to

restrain trade in stencil duplicating machines, related machines and

parts, and accessories and supplies for such machines in violation of

Section 1 of the Sherman Act, 15 U.S.C. Sec. 1. More specifically, the

complaint alleged that Gestetner required each of its dealers to sell

Gestetner products only in territories, and to customers, allocated to

it; that Gestetner required each dealer to sell its products at prices

and terms and conditions of sale fixed by the defendant; and that

Gestetner prevented its dealers from competing for sales to the United

States Government or to any other specific customers designated by

Gestetner as ``National Accounts'', and from leasing Gestetner's

machines without its permission. The complaint further alleged that

Gestetner enforced these restrictions by cutting off the supply of

products to, or reducing the sales territory of, any dealer who failed

to be governed by the restrictions.

The Final Judgment prohibited Gestetner from imposing various

vertical territorial or customer restraints on dealers that sell its

stencil duplicating machines, electronic scanning machines, and any

related machines and parts, and accessories and

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supplies, and from adopting policies to enforce such restraints. The

Final Judgment also enjoined Gestetner from disseminating material that

suggests or recommends the prices at which Gestetner products shall be

resold, unless that material also makes clear that the products may be

resold at any price.

The Government has filed with the Court a Memorandum setting forth

the reasons why it believes that termination of the Final Judgment

would serve the public interest. Copies of the Complaint, Final

Judgment, Stipulation containing the Government's consent, the

Government's Memorandum, the motion papers, and all further papers

filed with the Court in connection with this motion will be available

for inspection at Room 200, Antitrust Division, Department of Justice,

325 7th Street, N.W., Washington, D.C. 20530 (Telephone 202-514-2481).

Copies of any of these materials may be obtained from the Antitrust

Division upon request and payment of the copying fee set by Department

of Justice regulations.

Interested persons may submit to the Government comments regarding

the proposed termination of the Final Judgment. Such comments must be

received within the sixty-day (60) period established by Court order,

and will be filed with the Court by the Government. Comments should be

addressed to Craig W. Conrath, Esq., Chief, Merger Task Force,

Antitrust Division, Department of Justice, 1401 H Street NW., Suite

4816, Washington, D.C. 20530 (Telephone 202-307-5799).

Constance K. Robinson,

Director of Operations.

[FR Doc. 95-23872 Filed 9-25-95; 8:45 am]

BILLING CODE 4410-01-M