The conduct of cartels before and during this war has been o

Transcriber’s Note

This file uses _underscores_ to indicate italic text. Small capitals

changed to all capitals.

CARTELS

Challenge to a Free World

_By_ WENDELL BERGE

_Assistant Attorney General of the United States_

_Public Affairs Press_

WASHINGTON, D. C.

_To My Father_

GEORGE W. BERGE

_who throughout his life and in his public career was

guided by the conviction that the people’s rights

are not won without struggle and will not

be maintained without vigilance_.

_Public Affairs Press, 2153 Florida Ave., Washington, D. C._

_Copyright, 1946, by American Council on Public Affairs_

_M. B. Schnapper, Executive Secretary and Editor_

_Preface_

Plastics, television, new chemical and electrical techniques are but a

few of the instruments which will furnish the stuff for the pioneers of

a new age. The challenge of housing will excite bold minds to action,

on a scale never before attempted, to wipe out slums and give dwellers

in country and city alike a new and higher standard of living. Not

only at home, but also abroad, the opportunities for daring enterprise

which will be offered by the needs of world reconstruction will surpass

anything ever before known.

How are we going to meet this challenge? At the outset, we must face

frankly the greatest obstacle to making the most of our opportunity.

It is the threat of cartel control of major world industries. Unless

this threat is understood and dealt with decisively, our opportunity

to realize the great potential benefits of a free economy will be

lost. And worse still, the hope of maintaining democratic political

institutions will be seriously impaired.

The pattern of cartel operations has been clearly revealed in recent

years by antitrust investigations. From public records in antitrust

proceedings and congressional hearings, information about cartel

operations is now available. The public should be familiar with the

facts. As head of the Antitrust Division of the Department of Justice,

I have frequently been called upon to discuss cartel problems before

congressional committees, trade associations and civic groups. Since

my testimony and speeches received varying degrees of public notice

at the time they were given, the casual reader of newspaper reports

necessarily obtained only an impressionistic picture of the far-flung

ramifications of the subject. Something more is needed for thorough

understanding.

With this thought in mind, a number of friends and associates have

suggested from time to time that my material should be woven together

in book form. This I have undertaken to do in the present volume.

Merely to make assertions about the evil effect of cartels is a simple

matter. But I believe that the real usefulness of this book will depend

upon its fairly detailed explanation of the operation of particular

cartels, with direct quotations from letters, memoranda and other

documents.

While I have not tried to compile a complete source-book, I have

striven to make this discussion as non-technical as possible. The

factual material is drawn largely from the documents of the Kilgore,

Truman and Bone Senate Committees, and from the public records of

antitrust cases.

The investigations which unearthed the facts cited in this book were,

of course, the work of a great many men and women in the Antitrust

Division extending over a period of years. Acknowledgment of credit to

all of them would be impossible. Many of the men who have developed

these facts are now serving their country in the armed forces.

I cannot praise too highly the ability, energy and devotion to public

service of the men and women of the Antitrust Division. It is a

privilege to head such a splendid staff, as it is to serve under such

an able and distinguished Attorney General as Francis Biddle, who

has maintained at all times an extremely deep interest in our cartel

work and has given it his fullest support. Attorney General Biddle

has repeatedly impressed upon me his own conviction that the vigorous

enforcement of the antitrust laws against cartels is an indispensable

condition to the maintenance of a free competitive economy in this

country.

In the preparation of this book I am particularly indebted to Joseph

Borkin of my staff, who is in my opinion one of the best informed men

in America on the activities of international cartels. For more than

five years Mr. Borkin has devoted his great resourcefulness and energy

to investigation and study of cartel problems. His contribution in this

field has been invaluable.

I also want to acknowledge my deep obligation to my First Assistant,

Edward H. Levi, with whom I have spent many hours discussing the legal

and economic problems of cartels, and on whom I have relied so heavily

in the practical administration of the Antitrust Division. And I am

greatly indebted to Myron W. Watkins, Charles A. Welsh, Ernest S.

Meyers, George P. Comer, Herbert A. Berman, Bartholomew Diggins, Robert

Hunter, and Heinrich Kronstein of the Antitrust Division staff, all of

whom have been of great assistance in the preparation of this book and

in the cartel work of the Division. Professor Walton Hamilton of Yale,

who has been a part-time member of the staff, has also worked closely

with me on these matters and has made a signal contribution to our work.

Mr. M. B. Schnapper, Executive Secretary of the American Council of

Public Affairs, has been of greatest assistance in the planning of this

book and in the editorial work which it has involved.

WENDELL BERGE

CONTENTS

_1_: Trusts to Cartels 1

_2_: Enterprise Eclipsed 10

_3_: Technology 19

_4_: Patents 36

_5_: Medicines 52

_6_: Synthetic Hormones 58

_7_: Vitamins 82

_8_: Quebracho Extract 112

_9_: Titanium 124

_10_: Optical Instruments 142

_11_: Miscellaneous Products 176

_12_: The Webb Act 192

_13_: Private Governments 208

_14_: Freedom or Control? 233

_Appendix I_: Recent Cases 250

_Appendix II_: Bibliography 257

Index 261

1

_Trusts to Cartels_

The problem of monopoly is no longer a distinctively domestic and

national phenomenon. It has come to encompass the wide world. Like a

parasite upon its host, monopoly has grown with the marketplace. Today

hardly a corner of the world remains free from the malignant influence

of its latest and most sinister form, the cartel. Diamonds discovered

in Arkansas may prompt agitated conferences within 48 hours in London

and the Belgian Congo; a lawsuit in New York challenging the aluminum

monopoly brings simultaneous outbursts of oratory in the House of Lords

and of vituperation on the Axis radio.

For over half a century, the Sherman Act has stood as a positive

expression of the inflexible will of the American people to preserve

freedom of economic opportunity. When this measure was enacted the oil,

whiskey, and sugar trusts had placed barriers directly athwart the

arteries of commerce and were exacting tolls for every gallon or pound

of product permitted to pass. Since nation-wide industrial monopoly of

a comparatively stable character first took the form of a simple trust

agreement the Sherman Act came to be designated an antitrust statute.

But its thrust was positive: the maintenance of free, competitive

markets and a democratic system of industrial control.

If such an Act were passed today, I am quite sure it would be called an

“Anti-Cartel Act.” For our attention is at the present time focused on

industrial monopoly in a different form, operating in a wider orbit.

But our basic concern is the same. We are as determined today as were

our grandfathers, two generations ago--indeed, as were the founders of

the republic--to countenance no infringement of the right to engage

in any legitimate enterprise and to conduct business without let or

hindrance from any self-constituted group presuming to monopolize trade

or industry.

The Sherman Act has proved an effective instrument no less for

dealing with the cartel problem than for curbing the trusts. It must

be conceded, however, that, in default of proper implementation and

appropriate supplementation, it has not fully realized the salutary

object for which it was designed. In particular, our policies with

regard to patents, trademarks, the tariff, monetary and credit matters,

interstate commerce, and foreign trade, all have a direct bearing

upon competition and the pattern of industrial organization. They

are important factors conditioning the efficacy of a free market for

performing its basic economic functions. To our comparative neglect of

the incidence of these policies on the problem of maintaining healthful

competitive conditions in industry must be attributed a large share

of the responsibility for the difference between antitrust goal and

business practice.

In these circumstances, cartels--which, in effect, are trusts magnified

to an international scale--have been able by clandestine means to

impress their sinister mark upon our economy. In mobilizing for war, we

discovered, almost too late, that they were responsible for shortage

after shortage of vital materials. The fact is that they have retarded

technological advance and the introduction of improved devices and

products, whenever such developments seemed to threaten their vested

interests despite the fact that thereby national security might be

jeopardized. They have, indeed, obstructed and in no small measure

thwarted the declared foreign policies of the American government,

placing their own business interests above the public interests.

In peace time, their high-price, restricted-output strategy has

impeded the advance of our living standards and general economic

well-being. Through the abuse of our patent system, cartel controls

have been established over large segments of technology. With this

leverage, industrial monopolies of international compass have at times

deliberately brought about the deterioration of quality standards.

When it might be to their advantage in maintaining or exploiting

their monopoly position, they have adulterated their products to an

extent and in a manner endangering the health, and even the lives, of

consumers. Almost incredible as these assertions may be, they are not

subject to contradiction--the incontrovertible facts are clearly set

forth in Congressional investigations and in the evidence in antitrust

cases of the Department of Justice.

Cartels are in essence private governments which threaten to subvert

and even engulf duly constituted authority. In Germany, Kaiserism and

later Nazism received enormous impetus, indeed decisive support, from

the regimented, cartelized structure of the national economy.

Totalitarianism represents simply the ultimate consummation of

cartelism--the final, full expression of the reactionary forces

stemming from special privilege. In totalitarian states all industrial

enterprise is subservient to the predatory interests and fear-dominated

will of a government which openly flouts the democratic principle of

consent of the governed. In the economic sphere, the investment of

fresh capital, the volume of production, the prices to be charged, the

markets to be served, are determined by arbitrary decrees. Risk-taking,

managerial discretion, bargaining freedom, the essential elements

of the capitalistic system as we have known it, are absent. One can

neither start a new industry, launch a new enterprise, or change one’s

occupation without first obtaining official consent. It is in the

nature of cartels that they should operate in a similar fashion, even

if in their application the devices used for consolidating the vested

interests of established concerns and throttling the dynamic forces

which economic freedom would release may lack something of the rigor

they exhibit under totalitarian “leadership.” In order to maintain

their control over production and prices cartels must determine who may

enter the industry, how they shall operate and where they may sell.

The basic American concept of free enterprise is the antithesis of a

cartelized market. Yet, all too frequently, some of our industrialists

have had the effrontery to attempt to promote a pro-cartel policy by

a specious appeal for free enterprise. The pretension is that freedom

to compete in trade must encompass freedom to suppress competition! As

though the right to start a fire in order to heat a house must include

the right to burn down the house in complete disregard of the peril to

the whole community! The common sense of ordinary men has no difficulty

in distinguishing between the right to start a fire and the “right” to

commit arson.

Unless I am greatly mistaken, the American public will no more tolerate

a cartel-sanctioning abrogation of the antitrust laws in the name of

“free enterprise” than they would countenance a repeal of the laws

against arson in the name of “freedom of self-preservation”--the right

to keep warm!

It is significant, and deserves thoughtful reflection that Germany, the

“classic land of the cartel,” where regimented economic restrictionism

is the accepted “way of life,” has in the course of two generations

farrowed Kaiserism and Hitlerism--the natural offspring of militarism

and cartelism. Even in times of peace, the militarists and industrial

monopolists of Germany found cartel restrictions an excellent means

for conducting covert warfare. In this way industrial “colonies”

were acquired and prospective victims “softened up.” Back in 1883,

Joseph Chamberlain, as a member of the British Cabinet, declared, in

sponsoring a bill designed to forefend the sub-rosa “invasion” tactics

of imperialistic Germany:

“It has been pointed out especially in an interesting memorial

presented on behalf of the chemical industry that under the present law

it would have been possible, for instance, for the German inventor of

the hot blast furnace, if he had chosen to refuse a license in England,

to have destroyed almost the whole iron industry of this country and to

carry the business bodily over to Germany. Although that did not happen

in the case of the hot blast industry, it had actually happened in the

manufacture of artificial colors connected with the coal products, and

the whole of that had gone to Germany because the patentees would not

grant a license in this country.”

A quarter century later, Lloyd George, introducing a more drastic bill

for curbing these insidious depredations on strategically vital British

industries, pointed out:

“Big foreign syndicates have one very effective way of destroying

British industry. They first of all apply for patents on a very

considerable scale. They suggest every possible combination, for

instance, in chemicals, which human ingenuity can possibly think of.

These combinations the syndicates have not tried themselves. They are

not in operation, say, in Germany or elsewhere.... A good many of

these patents have been taken out not for the purpose of working the

patents in this country, _but for the purpose of preventing their being

worked_.”

The “big foreign syndicates” to which George referred were, of course,

the German cartels.

The adroit strategy of stealthily sapping the industrial foundations

of the national security of countries capable of resisting the German

_drang nach_ all-points-of-the-compass has been relentlessly pursued

and resourcefully developed, through thick and thin, decade after

decade. If the cartels are thwarted in the use of the patent system as

a weapon for disarming potential competitors abroad, they may inveigle

the intended victims of German aggression to a ‘simulated’ love-feast

at which the latter are gorged with the poisoned food of production

quotas, technology restrictions, market-territory limitations, and

pricing inhibitions. What these tactics accomplished in the way of

immobilizing French industry is now a familiar story. To cite the

record of only three of the most strategic industries, through cartel

manipulations the Germans succeeded in (a) reducing the relative output

of French steel from substantial equality with German output in 1926

to 40 percent thereof in 1938, (b) retarding the growth of French

aluminum production to a rate which fell short of doubling the output

in the same period, while German production was increasing five-fold,

and (c) restricting the French dyestuffs industry in such fashion that

its output in 1937 was barely two-thirds of what it had been in 1924,

whereas German production, even according to official estimates (none

too reliable though they are) had increased five percent in the same

period.

Nor were the European countries alone the “potential enemies” whose

vital economic defenses were thus impaired by subtly imposed cartel

restrictions. In this hemisphere, likewise and not least of all in our

own country, the cartel device was sedulously--and effectively--used

for the same ulterior purpose. As President Woodrow Wilson declared

shortly after the first World War,

“Our complete dependence upon German [dyestuffs] supplies before the

war made the interruption of trade a cause of exceptional economic

disturbance. The close relation between the manufacture of dyestuffs

on the one hand and of explosives and poisonous gases on the other,

moreover, has given the industry an exceptional significance....

It will ... be a policy of obvious prudence to make certain of the

successful maintenance of many strong and well-equipped chemical

plants. German chemical industry, with which we will be brought into

competition, was and may well be again _a thoroughly knit monopoly,

capable of exercising a competition of a peculiarly insidious and

dangerous kind_.”

Despite this warning in 1919, we were only slightly better off,

relatively, in respect of the arts of organic chemicals manufacture

twenty years later, when Germany decided the time was ripe for another

attempt at world conquest, than we had been in 1917. In the matter of

synthetic rubber technique, today the most strategically critical of

all these processes, I. G. Farbenindustrie had succeeded, through its

cartel arrangements with the leading American firms in the petroleum

and chemical fields, in keeping this country in an extremely vulnerable

position--as all the world now knows. Partly through persistent

stalling tactics, partly through playing one American firm off against

another, partly through cajolery, and partly through deliberate deceit,

the German cartelists had not only stifled the development of American

technology in this field, even by their “partners” on this side of

the Atlantic, but had done even better, from their standpoint. They

had obtained the German patent rights and the essential know-how for

the most signal contributions of American technicians to the art of

synthetic rubber manufacture. And, incredible though it may seem, they

had obtained these advantages without divulging a single significant

detail of their own carefully guarded know-how!

As the President’s Office of Facts and Figures ruefully summed up the

situation in 1942:

“[The enemy] has worked for many years to weaken our military

potential. Through patent controls and cartel agreements he succeeded

in limiting American production and export of many vital materials.

He kept the prices of these materials up and the output down. He was

waging war, and he did his work well, decoying important American

companies into agreements, the purpose of which they did not sense.”

Thus, sixty years after a member of the British Cabinet first testified

to its awareness of the menace in the insidious penetration of German

cartels in the international sphere, a branch of the American Executive

confirms the continuing pertinence of his observations.

How, in the face of this record, in the light of this evidence of

the persistence of the cartel movement and of its chronic tendency

to pervert the processes of industrial production to ulterior ends

leading indefeasibly to the devastation and slaughter of war can it be

contended that cartels represent a promising way to order the post-war

world economy? Is it not plain, rather, that “if we would guide by the

light of reason,” we must reaffirm our pledge of democratic equality

of opportunity for all in trade and industry, and resolutely set about

the task of putting our house in order in accordance with that basic

principle of American life? Is it not plain, too, that monopolistic

industrial control in the domestic sphere cannot be completely achieved

without the uprooting of the foci of cartel infection in German

industry? Once German industry is purged of its cartel hook-ups and

monopolistic animus and all non-German industry is released from the

haunting fears and seductive temptations which go so far to explain

these international industrial alliances, I am confident that the

prospects for the restoration of genuine freedom of enterprise and

healthy competitive markets will be good. While I am not sanguine of

the goal being reached forthwith and easily, “at one bound” as it were,

I have an abiding faith that the dynamism of economic freedom will

enable us, in the end, to surmount every obstacle erected by special

privilege or vested interest on the highroad to full utilization of

resources. A truly great adventure is ahead.

2

_Enterprise Eclipsed_

It is the determination of our people not only to gain victory over the

military power of aggressors, but to establish securely the lasting

conditions of peace. We know that beyond victory we shall have to face

a multitude of perplexing economic problems. We must also realize that

we shall meet new dangers to those free institutions on which our

national economy is based. If the problems of peace are to be solved,

we shall have to come to grips with these difficulties in the same

spirit of resolution with which the war has been waged.

It seems abundantly clear that America can never have a foreign policy

based on the principles of democracy and international good will as

long as international trade is dominated by cartels. It does not seem

possible that the Atlantic Charter, the Good Neighbor policy, and

the reciprocal trade pacts can effectively prevail if the special

privileges of cartels dominate trade and politics in the postwar world.

In many respects cartels form one of the central issues of the present

period. The greatest threat to our success in achieving full production

and full employment at home, and friendly cooperation with other

nations abroad, is the philosophy and practice of privilege embodied in

cartels. If there is to be a free and productive economy in the United

States, or a free exchange of goods in world markets, the power of

cartels must be broken.

It is essential to understand that cartels seek to divide and rule

world industry on the basis of economic privilege. If cartels are

successful in gaining a foothold in the postwar period, it will almost

be impossible for this nation to maintain a high level of peacetime

production or to cooperate in the reconstruction of world trade.

In general, cartels restrict rather than promote trade. Cartels

typically engage in such practices as dividing fields of operation

and market areas between members so as to eliminate competition,

restricting production by agreement, and fixing prices so as to

avoid price competition. They also promote various kinds of patent

licensing contracts which enable them to control and limit the use

of new inventions and thus restrict the benefits of technological

advance. The effects of these practices include reduced production and

employment, higher prices and profits, retarded spread of technological

improvements and a lower standard of living.

The conduct of cartels before and during this war has been one of the

tragic pages of our history. The shortages of aluminum and magnesium

resulting from cartel restrictions forced us to strip the kitchens of

America and scar our public squares with scrap piles. The scarcity of

rubber is a never-ceasing threat to our productive effort. Our armed

forces plead with us to contribute our binoculars. The lack of vital

drugs and medicines has jeopardized our men fighting in fever stricken

areas. In fact, almost wherever there was a cartel there was a shortage.

But cartels have an even more serious aspect. These private governments

threaten the sovereignty of democratic nations. The political

implications of cartel activity threaten to subvert future national

public policy of the United States.

There is a close relation between a country’s economic policies and

its foreign relations. It is generally recognized now that economic

freedom cannot be attained at home if private groups are permitted to

acquire monopoly power over industry. Likewise, it must be equally

recognized that friendship and cooperation between this country and

other nations cannot be established without the free exchange of goods

and services. Reciprocal trade treaties and good neighbor policies can

have little effect if private cartels can shut off American markets to

foreign producers or prevent American producers from selling abroad.

The Good Neighbor policy is one of the fundamental principles of our

relations with Latin America. While our Government was bending every

effort to bring about the conditions of sound and mutually advantageous

cooperation, cartels were systematically undermining these efforts.

Latin America was turned over by private cartels as a colony to hostile

foreign interests. By giving German industry virtually a free hand in

Latin America, and by agreeing not to compete, American cartelists made

possible the creation of a German sphere of influence. Nazi propaganda,

espionage, and subversive activity all stem directly from this

unhampered German penetration. When South Americans sought to purchase

drugs, metals, precision equipment, and munitions from the United

States, private cartel treaties had already provided that American

concerns could not engage in this trade. Not only was the healthy

development of South American trade and industry checked, but even

today we struggle desperately to overcome the political consequences of

cartel activity.

We have long cherished the principle of open covenants openly arrived

at. In fact, this policy is an essential part of America’s conduct

of foreign affairs. Every treaty commitment made by this country is

debated publicly by the people’s representatives. Without the agreement

of two-thirds of the Senate and the President, no treaty may be made.

Yet agreements have been made in international industry affecting

both the American economy and our foreign policy which were secretly

contrived and clandestinely arrived at. The American people had no

voice, but they bore the burden of these private treaties.

Make no mistake--the war has not interfered with cartel plans. Cartel

agreements invariably provide for the contingency of war. Long before

the war, cartels worked out a modus vivendi--a method of continued

existence--for they felt that their relations must be preserved, war

or no war. Thus we find American and British cartelists agreeing to

preserve the German position in Latin American markets after the war.

Agreements between the cartel members of countries now at war provide

for a resumption at the war’s close. In case legislation or government

action interfere, then they will cooperate to adapt their relations, as

one agreement states, “in the spirit of the present agreements.”

Therefore, the necessity for vigorous action in keeping open the

channels of trade becomes apparent when we consider that those who

create cartels hold themselves above the law or seek to control

legislation and Government policy in the many countries where they

operate.

These same groups are making their own postwar plans. Because they have

found the enforcement of the Sherman Act a hindrance in the past they

have expressed a desire to have the antitrust laws repealed.

It should be recalled that the political deal which Munich represented

had its economic counterpart in one made at Dusseldorf, in which the

Federation of British Industries and the German industrial overlords

expressed their intention of stabilizing and rationalizing world trade.

As indicated at Dusseldorf, cartel groups regard governments as handy

instruments to be used in working out their schemes of restriction.

Although the peace of Munich has received considerable public

consideration, little attention has been given to the peace of

Dusseldorf, a peace which, while obscured in the welter of political

and military crises, epitomized the spirit and the power of

international industrial monopoly.

On March 15 and 16, 1939, immediately after Hitler’s invasion of

Czechoslovakia, representatives of the Reichsgruppe Industrie of

Germany and of the Federation of British Industries held an intensive

conference at Dusseldorf. At the conclusion of the conference

representatives of German and British industry issued the following

joint declaration:

“The Reichsgruppe Industrie and the Federation of British Industries,

having concluded a general discussion on Anglo-German trade relations,

issue the following agreed statement:

“1. The two organizations welcome the opportunity which these

discussions have given of developing still further the friendly

relations which have existed between the two bodies for so many years.

* * * * *

“4. The two bodies are agreed that the objective to be attained is that

the export of all countries should be conducted in such a way as to

ensure a fair return for the producers of those countries. Hence it is

agreed that it is essential to replace destructive competition wherever

it may be found by constructive cooperation, designed to foster the

expansion of world trade, to the mutual benefit of Great Britain,

Germany and all other countries.

“5. The two organizations are agreed that it is desirable that

individual industries in both countries should endeavor to arrive at

industrial agreements which will eliminate destructive competition,

wherever occurring, but prices must be fixed at such a level as not to

diminish the buying power of the consumers.

“6. The two organizations realize that agreements upon prices or other

factors between Germany and Great Britain are only a step, although a

most important step, towards a more ordered system of world trade. They

would welcome the participation of other nations in such agreements.

* * * * *

“8. The two organizations realize that in certain cases the advantages

of agreements between the industries of two countries or of a group

of countries may be nullified by competition from the industry in

some other country that refuses to become a party to the agreement.

In such circumstances it may be necessary for the organizations to

obtain the help of their governments and the two organizations agree to

collaborate in seeking that help.

“9. The two organizations agree that it is their objective to ensure

that as a result of an agreement between their industries unhealthy

competition shall be removed. Their aim is to secure as complete

cooperation as possible throughout the industrial structure of their

respective countries.

“10. The two organizations have agreed to use their best endeavors to

promote and foster negotiations between the individual industries in

their respective countries. They are encouraged in this task owing to

the fact that a considerable number of agreements between individual

German and British industrial groups are already in existence. There

is thus available a large body of experience which inspires confidence

that an immediate extension of this policy is both practicable and

advantageous.

“They are glad to state that approximately a further fifty industrial

groups have already signified their willingness in principle to

negotiate at an early date.

“They also report with satisfaction that negotiations have already been

started and are now taking place between ten industrial groups.”

The spirit exemplified in the above declaration is not dead. It is

awaiting the moment of peace to step in and resume control of those

very industries which are most essential to the rehabilitation of a

war-torn world, to the fullest use of our labor and resources.

Surely we must realize now that if the program of Dusseldorf prevails

in the postwar world it will produce World War III. Surely we must

recognize that we cannot build a free world without a free economy.

The close and constant cooperation of the United Nations after the

war is all-important. This cooperation should rest, among other

things, on active and healthy international trade. We want to see that

trade grow unhampered by private restrictions. In attacking these

illegal activities the Government of the United States is aiming at a

condition which obstructs healthy international trade and threatens the

effectiveness of governmental foreign policies.

To combat the influence of monopoly groups, the United States has two

effective weapons: (1) the vigorous enforcement of the Sherman Act, and

(2) the power which Congress possesses to investigate and make public

the hidden dealings of cartel interests.

It is significant that in Great Britain increasing interest in the

purposes and activities of cartels is being manifested--principally as

the result of American antitrust investigations which have revealed

that British industry, no less than our own industry, has suffered the

burden of restrictive practices imposed by cartel arrangements.

Moreover, there has been developing in Canada a substantial interest

in the cartel problem. Thus, the _Ottawa Journal_ recently stated

editorially that “it is fairly clear to all that cartels, large

combinations of industries parcelling out territories among themselves,

controlling patents and fixing prices, may be a menace to the general

well-being, and what is more vital, a menace to world peace.”

And the _Winnipeg Free Press_ declared not long ago that “it is

gradually dawning upon Britain that rationalization of industry has

its dangers. They are discovering that monopolies can and do develop

evil practices.... Thus there is arising there [in Great Britain] a

demand for control of monopolies, the breaking down of cartels and

the restoration of competition between the great industrial giants.”

After pointing out some of the evils that flow from monopoly control,

_Winnipeg Free Press_ went on to say: “National monopolies which

restrain trade are bad enough of themselves. But when combined with

international cartels they are intolerable. The Canadian government

should pay particular attention to the antitrust proceedings in the

United States. They reveal a most unhealthy state of industrial health

and if the economy of this country is to be saved from disaster steps

will have to be taken to break up the evil monopolies and their

cartels.”

It would certainly be in the mutual interest of Great Britain and

ourselves if we could take a joint stand against private restrictive

arrangements in the postwar world and together seek to stamp them out.

There is ample reason to believe that American exposure of secret

cartel practices may have its effect on the public policy of other

countries and promote common understanding that certain types of

activity should be outlawed in other countries as well as here. But

irrespective of the extent to which other governments adopt policies

similar to ours, there can be no doubt that American business can

thrive in competition with foreign cartels if it does not enter into

cartel restrictions. If freed of cartel shackles, American enterprise

should well be able to expand in world markets and render foreign

cartel control ineffective. It is doubtful, indeed, whether any major

international cartel can effectively control world markets without the

participation and cooperation of the American segments of the industry.

There is a real question whether foreign cartels can long survive in

many industries if American cooperation is not extended to them.

If and when some measure of control and regulation becomes economically

necessary on an international scale in a particular industry, a

question is presented for governmental action--not for private cartel

action. If, for example, in a particular industry it seems necessary

to control production in order to avoid waste of a scarce natural

resource, the solution of such a problem is properly a responsibility

of national or international governmental action. Where control is

needed, it must be by public authority. If international restrictive

agreements are ever needed, they must be determined upon by

governments--not by private cartels.

But the situation where control would be required on an international

scale is decidedly the exception. Most foreign trade in the postwar

world can be conducted on a competitive basis if we give competition

a chance. The period following the war will present an unprecedented

challenge to the ingenuity of mankind. Men of brains and imagination

should have a chance to rebuild the world, to take risks, to engage in

foreign trade and to win in competitive struggle, unhampered by private

decrees. The world is not a private hunting preserve which can be

divided at will among monopolists who think they have gained squatters’

rights.

3

_Technology_

In the days of Adam Smith it was possible to measure the wealth of

nations in terms of mineral resources, possession of fertile lands and

control of strategic geographical areas. Today we have a new index to

the wealth and security of nations. Technology and applied science have

become principal instruments in the maintenance of a high standard of

living and for the protection of national interests. In fact, when

we speak of the balance of power in the modern world, we must take

into account the extent and quality of industrial and technological

resources as a dominant factor in national welfare. The horizons

which have been opened by applied science and research offer to the

world, and to our own nation in particular, new industries, greater

opportunities for our youth, higher levels of health and comfort, and

the attainment of that genuine social security which comes with all

great advancements in human knowledge.

Technology--its direction, its applications, and its enjoyment--is

today a primary concern of government. In a system based upon freedom

of enterprise, access to technology is the fundamental condition of

rapid advancement toward the goals for which our nation is striving.

The power that goes with the development of modern technology has

been perverted in totalitarian countries to provide instruments of

aggression. Because totalitarian states have regimented science and

have made it subservient to imperial ambitions, it has been used to

destroy rather than to create. One of the principal problems which

the United Nations will encounter in the peace to come will be

the prevention of any abuse of new discoveries for the purpose of

establishing war machines which can threaten the peace of the world.

The control of vital areas of research by monopolistic interests is a

condition which cannot be tolerated. Monopoly control seeks to protect

vested interests and to perpetuate its grip on the advancement of

science and technology. It retards the introduction of new goods and

services and the maintenance of full employment in time of peace.

Our experiences in this war have demonstrated conclusively that

monopolistic control of critical sectors of industrial research has a

paralyzing effect on mobilization of our national strength. One of the

most difficult problems we have encountered in arming this country has

been the domination and restriction of technology by small privileged

groups. It has required strenuous efforts on the part of government and

industry alike to overcome the stifling effects of complacent monopoly.

With rare exceptions industrial research at the present time can only

be carried on by large numbers of scientists and technicians combining

their ingenuity to resolve the complex problems of both pure and

applied science. In the last fifty years technology has moved at such

a rapid pace that no longer is the small businessman in a position to

maintain laboratories of sufficient size. Today we witness the gigantic

research organizations of all major corporations, and no one desires to

impair their efficiency.

There is, nevertheless, a gap between the promise of organized research

conducted on a huge scale by great corporations and the fulfillment

as measured by accomplishments for the public interest. So that there

shall be no misunderstanding, I should like to pay tribute to the vast

army of scientists and research workers who have done such remarkable

work in the years of peace as well as in the years of war in bringing

forth a multitude of amazing discoveries. It is not their fault that

their contributions have not been fully realized. The trouble is that

in many instances the misuse of research by monopolistic and cartelized

groups has resulted in the restricting of production, withholding new

products, and fencing in and blocking off new developments.

One of the ablest and clearest statements of the effect of restrictive

arrangements upon research was made by Dr. F. B. Jewett, vice-president

of the American Telephone & Telegraph, and chief of Bell Laboratories.

In discussing an agreement between his company and other parties, he

stated:

“Broadly speaking, the practical effect of the agreement is to limit

the field of possible development of each party to its present major

activities....

“Thus, while a casual reading of the agreement by one not thoroughly

conversant with all the factors may appear to establish the basis

for an enlarged free development in most of the fields, this is not

actually the case.

* * * * *

“The far-reaching effect of the proposed agreement on the character and

scope of our research and development work is apparent. Viewed both

from the standpoint of the research worker in our laboratories and

from the standpoint of those responsible for the expenditures incurred

by the Laboratories, the inevitable result would be a narrowing of

the field of activity and failure to undertake anything which at the

outset is not clearly directed to the field of our current business.

From the standpoint of the man who has a brilliant idea which in its

first nebulous form seems to be applicable outside our business, there

will be little or no urge to go ahead in the face of a situation where

he knows that the results of his work have been sold in advance outside

of the Bell System. From the standpoint of management there will

likewise be no incentive, but quite the reverse, to urging him on and

appropriating money for his investigations.”

A member of a monopoly or cartel group all too often finds itself in

a position where it must choose between the national interest on the

one hand and its cartel obligations on the other. This difficulty is

accurately stated in a document taken from the Standard Oil Co. (N. J.)

files with reference to the development of 100 octane gasoline, one of

the most vital materials of modern warfare:

“This possibility is, of course, extremely attractive to the Army Air

Corps, but there is one difficulty involved which Mr. Russell quite

frankly discussed. The hydrogenation development originated in Germany,

and through cooperation all around has now passed into the hands of the

oil industry of the entire world, and, to a certain extent, into the

hands of the foreign chemical industry as well. There is a full and

free exchange of technical information between all of the companies

and units involved in the hydrogenation development and this exchange

is not only by means of reports but by constant visits of technical

men. To cut off these reports and shut our hydrogenation plants against

these visitors would be not only a violation of these agreements, which

would involve us in many difficulties, but would also be tantamount

to a confession that we were engaged in some work of special military

value which would mean that the plants would become a focal point for

espionage. The costs and difficulties of protecting against leakage of

information about large commercial operations under such conditions

is hard to estimate. _It seems that the only practical way to handle

this problem is to avoid carrying out the operation of producing 100

octane number aviation gasoline commercially as long as possible._ We

would, of course, also have to breach our agreements to render full and

complete technical reports to all of the companies associated with us

(even to the American companies, for fear of leakage). We should also

forfeit the advantage in producing at the least cost the best available

gasoline for commercial purposes.

“_Any program by which the Army Air Corps can obtain their objective

of a one or two year start over the rest of the world on this vital

matter bristles with difficulties and sacrifices from our standpoint._

We will not have to cross the bridge finally until our present

experiments are completed. When and if we are able to demonstrate that

the hydrogenation plants are capable of turning out an aviation product

which with the usual quantity of lead can be brought up to 100 octane

number, we shall be faced with the situation mentioned above. _To meet

the very proper desires of the Air Corps as expressed to us we shall

have to violate our agreements and perhaps forfeit the confidence of

our associates, both American and foreign, and beyond this we shall

either have to avoid any commercial use of the new method or run the

very grave risk of finding that our efforts at secrecy have been

abortive._”

In pointing out the inevitable conflicts between national loyalties

and business interests which arise when industry is carried on through

private international cartel agreements, I do not attack, nor do I

intend to cast inferences against, the patriotic motives of any men

or companies. I assume that the persons who have taken part in these

transactions have not consciously acted against the best interests

of their country. But it is the cartel system that is at fault. The

individuals caught up in the system are faced with a dilemma because it

imposes on them choices which it is almost impossible to make without

violation of an obligation to one of two conflicting interests.

One of the most serious limitations upon research has been the

division of fields of technology by cartel groups. If a company is

barred by agreement from an aspect of technology, there is little if

any incentive to do research in that field. One possible consequence

of such division of technology is that it permits foreign interests

to exercise influence amounting to domination over research in this

country.

No one doubts that synthetic rubber is a matter of national interest.

The cartel arrangement between Standard Oil Co. (N. J.) and I. G.

Farbenindustrie was such that the latter dominated the development of

synthetic rubber in this country as well as in Germany.

In the case of the Bausch & Lomb (Rochester)-Carl Zeiss (Jena, Germany)

cartel on military optical glass, the heads of the Bausch & Lomb

department responsible for military research were to be appointed only

with the agreement of the Zeiss firm.

In regard to the cartel involving Plexiglass, probably one of the most

important plastics, and one which has innumerable military uses, the

Rohm & Haas Company (Philadelphia) stated: “We could think of a price

agreement on the finished product, or a division of our interests ...

we have not only our own interests at stake, but also the ones of our

German house [Rohm & Haas of Darmstadt, Germany] and the I. G.”

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