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EMD-82-11 1 (1981-10-07)

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     S......      UNITED STATES GENERAL ACCOUNTING OFFICE
                          WASHINGTON, D.C. 20548
                        Q.T ....... -,             wtJde tb General

                                  VISION            , -j citk approval
ENERGY AND MAINERALS
               DIVIION|?Y  ;'  '; ' ...... . ''° October 7, 1981
    B-204468                  RELEASED


    The Honorable James D. Santini
    Chairman, Subcommittee on Mines and Mining
    Committee on Interior and Insular Affairs              116687
    House of Representatives

    Dear Mr. Chairman:

         Subject: The Impact of Antitrust Enforcement on the
                   Country's Minerals Posture (EMD-82-11)

         Increasing concern has been expressed about the ability of the
    U.S. minerals industries to develop, process, and obtain continuous
    access to minerals needed to satisfy the Nation's industrial re-
    quirements. In response to this concern you introduced H.R. 3364
    in the 97th Congress. The bill proposes the creation of an ex-
    ecutive branch Council on Minerals and Materials and several
    other measures that would help to establish a national minerals
    policy.

         Title VIII of the bill would require the Attorney General
    !to review the U.S. antitrust laws, rules, and regulations to deter-
    imine their effect on the productivity and profitability of the
    domestic mining and minerals Industries. This title addresses the
    views of some critics that U.S. antitrust policy has at times
    been counterproductive, has been too concerned with domestic
    market concentration, and has reduced the ability of the U.S.
    minerals industries to achieve adequate economies of scale or to
    take advantage of other cooperative arrangements that would allow
    them to better compete with overseas competitors.

    OBJECTIVES, SCOPE, AND METHODOLOGY

         In connection with title VIII, you requested on July 1,
    1981, that our Office do a preliminary review of antitrust
    :enforcement as it relates to the minerals industries, in order
    'to help the Subcommittee draw conclusions on the feasibility
    of a broader-based study. (See enc. IV.) As agreed with the
    Subcommittee, we limited our review to two steps: determining
    'the nature and level of recent antitrust enforcement directed toward
    attempts of U.S. nonfuel minerals firms to undertake cooperative
    actions such as mergers, joint ventures, and overseas consortia;
    and surveying and summarizing the perceptions of principal minerals
    industry officials and other industry experts about antitrust


                                                              (008439)

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