When the Nazis came to power in Germany, they immediately utilized

the cartel system as a device for political, as well as economic,

infiltration in countries outside of Germany, particularly in the

Western Hemisphere. A bold assertion of this policy is set forth in a

communication, written in 1933, from a director of Robert Bosch, A. G.,

of Germany, to the president of the United American Bosch Corporation,

which states:

“With regard to the political situation ... only one thing is very

evident, namely, that all forces of administrative and economic

endeavour such as the different cartels, etc., are to be brought into

one definite line of endeavour coinciding, of course, with the policy

of the ruling [Nazi] party and that individual opinions and utterances

will be submitted to a similar rule.”

When the present war broke out, Germany, because of the sea blockade,

was unable to supply goods to Latin America. Cartels made full

provision for the contingency of war. The South American market was

preserved for the German firms by cartel members of other countries,

notably the United States. Not only did American cartel members supply

products to the German agents in South America, in many cases they

used German labels. What is most important, they agreed to withdraw at

the end of the war and once again give Germany a free hand in Latin

America. In some cases, realizing that the blacklist might make this

kind of arrangement difficult, dummy firms in South America stood ready

to replace those blacklisted. Many instances of efforts by cartels to

maintain their usual relations, and to preserve the restrictions by

which German dominance in South American markets was achieved, are

available. A characteristic attitude is indicated in the statement made

by the head of the Chemical Marketing Co., an American firm, which had

relations with the Deutsche Gold-und-Silber Scheideanstalt of Germany.

In the early period of the war, this officer of the American company

wrote:

“We insure thereby that the German trade up to the present with our

South and Central American friends can be held firmly in our hands

and, should export from Germany become impossible--as you yourself can

well visualize--the loss would be much less if for the duration of the

war American chemicals can be delivered, rather than complete loss

of business for many, many years, if we place our clients in such a

position that they can continue to serve their customers.”

The dyestuffs industry ranks among the most strategic branches of

production. During the first World War, the United States and the

Allies experienced severe and crippling shortages of dyestuffs,

medicines and related products which were controlled by the German

dyestuffs cartel. In the years between the Armistice in 1919 and the

outbreak of the present war in 1939, the United States endeavored to

build up a strong dyestuffs industry because of its peacetime as well

as its wartime importance. The German dye trust, however, succeeded

in re-establishing a substantial and significant degree of control in

this industry through a series of cartel agreements. In addition, I.

G. Farben, through its American subsidiary, General Aniline & Film,

was able to exert direct influence on the dyestuffs market in the

United States. In the many agreements made between American, British

and German dyestuffs producers, the American companies were generally

restricted to the domestic markets.

Upon the outbreak of war, when the British blockade threatened to

cut off the exports of I. G., it nevertheless attempted to insure

the maintenance of its control over various markets. The boldness of

I. G.’s tactics is indicated in a cable addressed to General Aniline

& Film on September 19, 1939, which released that firm from export

restrictions for the purpose of supplying I. G.’s customers and agents

in the British Empire. This communication stated:

“In addition to Canada we release you from export restriction in regard

to the following countries: Great Britain, British India, Australia,

New Zealand but only for duration of present state of war and as far

as supplies to following firms are concerned.” [A list of distributing

agents within the British Empire is included.]

This cable was modified on September 21, 1939, when I. G. communicated

further with General Aniline & Film, stating: “Replace in first

telegram ‘for duration of present state of war’ by ‘until further

notice’ and act accordingly.” Similar arrangements were made regarding

I. G.’s distributing agencies in South America. This effort on I. G.’s

part to circumvent the British blockade is further illustration of the

implications which inhere in such cartel arrangements.

The same type of practice was no less significant in other parts of

the world. In the winter of 1941, while Congress was debating the

Lend-Lease Act, cartel agreements had already decreed that certain

critical types of products could not be sold to Great Britain.

For example, when Great Britain attempted to place an order for

tetrazene-primed ammunition, a cartel agreement between du Pont and I.

G. Farben forbade their sale, and it was not made.

In this case the patent attorney for the Remington Arms Company, a

subsidiary of du Pont, wrote a memorandum dated January 23, 1941,

stating:

“The further sale of Tetrazene Primed Ammunition to the British

Purchasing Commission or to the Government of the Union of South Africa

or to the Government of Canada is most undesirable by reason of our

Tetrazene contract with R. W. S. [Rheinische Westfalische Sprengstoff,

a wholly-owned subsidiary of I. G. Farben].

“Article III, Paragraph D of the original contract of November 14,

1929, reads as follows: ‘Remington shall not sell military ammunition

containing any Tetrazene in Germany and in any or all of the countries

in the British Empire.’

* * * * *

“There can be little if any question that pistol and revolver

ammunition sold at this time to his Majesty’s Government in the United

Kingdom is military ammunition ... or that such sale is a sale in a

country of the British Empire within the intent of Article III D of the

contract.

“We understand that the Process Division have recommended the use of

Tetrazene priming in certain ammunition to be sold to the British

Purchasing Commission. It appears obvious that this should not be done.”

Similar situations existed in aviation precision equipment, drugs,

and chemicals. Thus, I. G. Farben sought to obtain assurances from du

Pont that information on certain industrial processes would not be

transmitted to the British. On October 4, 1939, I. G. wrote to du Pont,

stating:

“You advise us that for the duration of the war, you will not pass the

experiences and applications which you receive from one licensee on to

another. We thank you for having quickly taken the necessary steps for

meeting the altered conditions.”

A significant and clear-cut example of the way in which cartel

agreements enabled the German Government to influence the policies of

American cartel partners of German industry is provided in the case of

aviation instruments. In this instance Siemens-Halske, the great German

electrical equipment producer, wrote to Bendix Aviation Company on

October 25, 1939, as follows:

“Under our agreement your geographical contract territory includes the

United States, its territories and Canada. A state of war exists at the

present time between Canada and ourselves.

“Notwithstanding the war we are of course willing to live up to the

agreement as far as possible. However, we would appreciate receiving

your assurance that the records which you will receive from us within

the scope of our agreement will not be given to Canada for the duration

of the war and that you will supply no instruments, built under a

license, if you know that they are destined for our enemies.”

An official of Bendix answered:

“As regards the drawings sent over you may rest assured. As regards

fabrication ... we will arrange to the best of our ability to keep

within the orbit of domestic use.”

One of the most necessary economic measures of war is the seizure of

enemy property. Although we have a policy concerning enemy property,

the Antitrust Division of the Department of Justice has come across

frequent attempts to nullify this policy by private agreement.

In one case, I. G. Farben transferred over 2,000 patents to the

Standard Oil Company. While there may be some dispute as to the purpose

of the assignment, the fact is clear. The Alien Property Custodian,

even though he has vested this property, found himself in litigation as

to whether the patents were in fact transferred in a bona fide manner.

Taken together with the provision in the Standard Oil-I. G. Farben

contract, this instance presents the result of a carefully-conceived

and well-developed policy of not only considering the war as an

unfortunate interlude, but as a method of defeating public policy.

The clause in question provides that even if the agreement should

be interfered with by the government of the United States or if, in

effect, war should take place between the countries of the respective

parties, then at the conclusion of such interruption the parties shall

come to a new agreement “in the spirit of the old.”

Another phase of the relationships between Standard Oil and I. G.

Farben with respect to the eventuality of war between the United

States and Germany is indicated in a letter written by the Assistant

Comptroller of Standard Oil to one of the directors of the company, on

September 8, 1939. The body of this letter deals with the Standard-I.

G. Corporation, a joint subsidiary in which Standard Oil owned 80%

and I. G. 20%, which had been formed to carry out the purposes of

the Standard Oil-I. G. agreements. Standard Oil was considering the

purchase of I. G.’s holdings in this subsidiary company. One paragraph

in the letter indicates clearly the objective which Standard Oil

sought. This paragraph states:

“Of course what we have in mind is protecting this minority interest in

the event of war between ourselves and Germany as it would certainly be

very undesirable to have this 20% interest in Standard-I. G. passed to

an Alien Property Custodian who might sell to an unfriendly interest.”

Another case shows how devious and complex cartel schemes can be.

Briefly, the Siemens-Halske Company of Germany and the Beryllium

Corporation of America entered into an agreement concerning the

production and distribution of beryllium alloys which had all the usual

characteristics of a cartel, such as the division of world territory,

etc.

Before this highly interesting agreement was entered into, however,

Siemens-Halske attempted to protect its position by assigning its

patents in this field to the Metal & Thermit Company of New York.

Actually these patents were held by Metal & Thermit in escrow for the

Siemens-Halske Company. For this service, the Metal & Thermit Company

received $10,000.

Without such a bill as is now contemplated, no Alien Property Custodian

could have known that the above patents were really property of an

enemy national. They would have remained concealed in this instance if

it had not been for the fortuitous action of an investigation by the

Department of Justice.

The titanium and optical goods cases previously related are other

examples of this practice.

The development of the magnesium industry in the United States provides

further illustration of the political effects of cartels in addition to

the corrosive effects of monopoly upon industrial expansion. From an

international standpoint the cartelization of the magnesium industry

prior to the outbreak of the present war had equally serious effects.

As a consequence of both monopoly and international cartel arrangements

in the industry, Germany obtained an initial lead in the production of

magnesium while at the same time Germany’s potential opponents were

restricting magnesium output. According to estimates made by the U. S.

Bureau of Mines, Germany produced 61% of the world’s total output of

magnesium in 1937. The United States produced 10%. In 1940 Germany was

still producing one-half of the world’s output while the United States

was producing about 14%.

The importance of magnesium is indicated by the uses for which it is

employed. In general, its principal consumer is the aircraft industry.

Magnesium is used in the construction of aircraft engines, the frames

of airplanes, various interior parts, wheels, and other similar

portions of aircraft. Magnesium is also employed in the manufacture of

incendiary bombs, tracer bullets, and flares.

The two principal producers in this country during the years 1919 to

1927 were the Dow Chemical Company and the American Magnesium Company,

a subsidiary of the Aluminum Company of America. In 1927, the American

Magnesium Company ceased production, and the Dow Chemical Company

thereafter enjoyed a monopoly in the production of magnesium in the

United States. The American Magnesium Company by agreement purchased

all of its requirements from Dow and constituted Dow’s largest

customer. In tracing the relationship between Dow, the sole producer of

magnesium, and Alcoa, the sole producer of aluminum, during the period

in question, it is essential to bear in mind that magnesium is the

principal technological rival to aluminum. Nearly all of the functions

for which aluminum is employed can also be fulfilled by magnesium with

greater efficiency, in many instances, because magnesium is not only

one-third lighter than aluminum, but is more readily machined and, when

properly alloyed, has greater tensile strength.

In the year 1931, I. G. Farbenindustrie, the principal producer of

magnesium in Germany, entered into an agreement with the Aluminum

Company of America known as the Alig Agreement. According to the terms

of this contract, a joint corporation, the Magnesium Development

Company, was formed in which Alcoa and I. G. each held 50% control.

The Magnesium Development Company was primarily a patent-holding

corporation to which I. G. transferred some patents for the fabrication

of magnesium and to which Alcoa contributed process patents. In

addition to participating in the Magnesium Development Company, I. G.

also obtained a 50% interest in Alcoa’s own subsidiary, the American

Magnesium Company.

The significance of the arrangements between Alcoa and I. G. was

twofold: Alcoa was interested in obtaining a secure foothold in

the magnesium industry in order to protect its primary interest in

aluminum; I. G. was endeavoring by its usual tactics to extend the

sphere of its influence. It is especially significant to note that in

the Alig Agreement it was stipulated that any licenses issued by the

jointly-owned Magnesium Development Company were to be restricted to

the United States. It was also provided that:

“As long as magnesium is produced by any ... producing company under

a license or licenses granted ... the holders of the I. G. shares in

Alig ... shall have the right to limit the increases in production

capacity of every such producing company after the initial contemplated

production capacity shall have been reached. The initial contemplated

production capacity shall in no case be more than 4,000 tons per annum.”

Dow Chemical Company was not a party to the 1931 agreement between

Alcoa and I. G. During the period immediately following the Alig

Agreement, every effort was made to bring Dow into the cartel

picture, with the consequence that, on January 1, 1934, Dow entered

into a patent-holding agreement with Magnesium Development Company.

In 1933 also Dow and American Magnesium Company had entered into a

five-year purchase contract by which the American Magnesium Company was

guaranteed a position as a preferred customer of Dow. In return, Dow’s

position as the sole producer of magnesium was protected.

In 1934 also Dow entered into a sales contract with I. G. Farben. This

contract stated:

“Dow agrees to confine its sales in Europe solely to the I. G., with

the exception that it reserves the right to sell the British Maxium or

its successors not more than 300,000 pounds (150 tons) per annum at a

price not lower than the price quoted to I. G. for the same quantities,

plus an extra charge of not less than 4¢ per pound for I. G.’s larger

consumption. Dow further promises to use its best endeavor to keep

British Maxium or its successors from reselling magnesium in ingot form

and will try to limit its purchases to its own use in fabricating.”

During 1934 and 1935 Dow delivered to I. G. (which was, of course,

the principal producer of magnesium in the world) more than 3,800,000

pounds of magnesium out of Dow’s total production of little more

than 4,000,000 pounds. This magnesium was sold to I. G. at a price

approximately 30% below the price to Dow’s other customers, with the

exception of American Magnesium Corporation, which also enjoyed a

preferential position. It is interesting to note that, during this same

period, the sales manager of Dow Chemical travelled to England and

wrote to his home office as follows:

“They [British Maxium] are very much in need of additional magnesium

for the balance of 1935, but they understand our position perfectly

well and do not blame us at all because we are not in a position to

furnish them the metal they want. They were at fault in not getting in

touch with us sooner regarding their increased demands. They advised me

that they had exported 20 tons of ingot to Europe but I later obtained

definite proof from Mr. Ziegler of the I. G. that they had exported 60

tons in Europe. If they had kept this metal in England they would have

had sufficient supplies for this year.”

It may be remarked that, in consequence of these arrangements between

Dow and I. G., I. G.’s position in the European magnesium market was

enormously strengthened. One particularly significant result of I.

G.’s dominance was that Great Britain was rendered primarily dependent

upon Germany for its magnesium imports. As late as 1938, 87.9% of the

magnesium imported into Great Britain was obtained from Germany. When

war broke out, Great Britain was at once cut off from a large part of

its magnesium supply.

From the standpoint of the development of the industry in the United

States, it is clear that the total effect of the arrangements among

Alcoa, I. G., and Dow was to restrict magnesium production. The extent

of the disparity in the magnesium output of Germany and the United

States is clearly evident in the production figures for the years 1937

to 1940. In 1940, the year in which France fell, the United States

produced 5,680 tons, while Germany produced more than 19,000 tons.

Strenuous efforts on the part of the government and industry have been

necessary to expand magnesium production sufficiently to meet our

minimum wartime needs. The large plant construction undertaken by the

government in cooperation with various magnesium producers has achieved

initial success. It is clearly evident, however, that the magnesium

program had to be inaugurated and carried out under the tremendous

handicap of the monopoly situation which existed in the industry prior

to the war.

It is equally clear that, from a political standpoint, the government

began its operations completely in the dark. It is scarcely credible

that, had the arrangements between Alcoa and I. G. and between Dow and

I. G. been known to the government at the time at which they were made,

the risks inherent in the private treating making of this type would

have been permitted to stand.

It is characteristic of many cartel agreements which are arrived at

secretly and maintained in silence that concealment of their provisions

is motivated by the desire to avoid scrutiny of their operations by

public authority. In some instances, the illegal nature of the terms

of cartel agreements explains the cloak of secrecy which is cast over

their provisions. Moreover, it is often stipulated in cartel agreements

that, in any eventuality of action taken by government, the parties to

the agreements shall cooperate in order to maintain their relationships

despite anything that government may do.

There are numerous examples among the many agreements which have been

investigated by the Department of Justice which clearly reveal the

intent as well as the necessity for secrecy from the point of view of

the cartels. Thus, in a letter from Canadian Industries, Limited, to

the du Pont Company, the writer states:

“In the course of recent meetings in connection with the new Patents

and Processes Agreement, I understand a suggestion has been made by

the du Pont legal representatives which will involve the new agreement

making specific reference to the respective territorial rights of

du Pont and ICI. I cannot help feeling that on broad grounds this

is undesirable both from the viewpoint of C-I-L and of the major

stockholders. For instance, should any investigation take place in

Canada which will require the production of this agreement, the clause

in question would automatically necessitate the production in its

term of the ICI and du Pont agreements: at least that is the way we

would read it, and this would be bound to lead to publicity of a very

undesirable nature in regard to the division of world territories. My

practical suggestion is that, as the detailed prior commitments are now

to be dealt with in the form of a letter separate from the agreement

(this at the suggestion of the du Pont legal representatives) it might

be possible to include the point in question in that separate letter

also.”

The attitude of cartels toward the relation between their own policies

and the policies of government are epitomized in the exchange of

correspondence between Sir Harry McGowan, Chairman of the Board of

Imperial Chemical Industries, and Lammot du Pont in May 1933. Sir Harry

wrote:

“With a large organization such as we have I find it is a good thing

to issue such warnings from time to time--one went out at the time of

the Ottawa Conference--so that everything possible is done to ensure

that no prospective political or legislative action on the part of

governments is permitted to influence relations between du Pont and

I.C.I.”

On June 17, 1933, Lammot du Pont replied as follows:

“I am much interested in what you say and have heartily approved your

attitude toward our Patents and Processes Agreement and the relations

between the two companies. I feel the same; namely that our relations

have been so happy and have produced such satisfactory results that we

should let nothing in the way of international agreements interfere in

any way with the progress we have made or may make in the future. If

any legislation or international agreements are brought about which

affect these I.C.I.-du Pont relations I am sure we will be able to

adjust ourselves so as to get the continued benefit of our agreement.”

A striking and instructive illustration of the role of secrecy

in cartel agreements is provided in the terms of an arrangement

concerning the pharmaceutical industry, between the Schering

Corporation of Bloomfield, New Jersey, and the Schering, A. G., of

Germany. One clause in this agreement, which was made in 1938, stated

that “the existence, the content, and the details of operation of this

agreement have to be kept secret by both parties notwithstanding the

possible obligation of disclosing it to public officials.”

In connection with an agreement concerning the plastics industry, the

consideration taken into account by the Rohm & Haas Company and du Pont

are indicated in a memorandum written by the latter company in 1936, in

which it is stated:

“We discussed the whole situation again. They repeated over and over

again that there is not the slightest possibility of the I.C.I.’s

coming into the American market, but du Ponts are afraid to write a

letter to this effect because in the case of an investigation of their

firm by politicians, the politicians might make capital of such a

statement, i.e., they might attempt to point out that the world was

divided up between I.C.I. and du Ponts.

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