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1 Antitrust (Newsl.) 1 (1978)

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AntitRust@
                                    Published by the    Volume 1
                                    Section of Antitrust Law Number 1
                                    American Bar Association Winter 1978


National Institute Lifts Veil
on Grand Jury Secrecy
by Barbara A. Reeves

  The 1978 National Institute oil Represeiiting a Client
Before the Grand Jury took piace January 25-26 in Los
Angeles. Judges, government lawyers and members of the
private antitrust bar presented a practical program
aimed at civil practitioners who may be relatively un-
familiar with criminal grand jury proceedings. The pro-
gram provided participants with a comprehensive check-
list of the issues and options which should be considered
by an attorney whose client is faced with a criminal anti-
trust investigation.
  The 1978 Institute carried forward on many of the
features that contributed to the tremendous success of the
1977 New Orleans Institute, Trial of an Antitrust Case.


Professors Dorsey Ellis and James Meeks of the University
of Iowa Law School prepared a simulated set of factual
materials. The setting was the electronic cash register in-
dustry, a segment of the office equipment industry. The
industry, composed of three large and two small firms,
was the subject of a grand jury investigation into price
fixing. Although there was solid evidence of a price-fixing
conspiracy during the 1960s, there was also evidence
tending to indicate that the conspiracy had terminated in
                              Continued on page 10


Kennedy Reviews Work of
Subcommittee, Illinois Brick
by Senator Edward M. Kennedy

  The Senate Subcommittee
on Antitrust and Monopoly is
charged with responsibilities
relating to maintaining and
strengthening the competitive
forces in the U.S. economy.l            l
Under the able leadership of
tile late Senator Philip Hart,              .
the Subcommittee developed
significant data on industrial
concentration, forged strong
legislation to improve ..'iti-
trust enforcement, and in-
fluenced legislative and ad- Senator Edward Kennedy
ministrative activities on many fronts to ensure considera-
tion of competitive implications. His integrity and
dedication will provide a lasting influence for the Sub-
committee and the Congress.
  I view our activities as falling into three major cate-
gories: first, increasing the effectiveness of the antitrust
laws and their enforcement agencies; second, improving
the competitive performance and structure of key sectors
of our economy; and third, reducing the anticompetitive
influence of federal regulation. Each of these areas in-
volves the Subcommittee in legislative, investigative, and
oversight efforts.
  The Subcommittee's first undertaking in the 95th Con-
gress involved oversight of antitrust enforcement. Five
days of hearings revealed that there is much room for im-
provement in the way the FTC and the Antitrust Division
enforce the antitrust laws. For instance, the priorities of
these agencies need to be re-examined, there is a need for
more coordination between the two agencies, and the
handling of major cases needs to be improved. Many of
the problems uncovered stem from the need of these
agencies for more resources to deal on a more equal
footing with the companies against which they litigate.
  Although the Subcommittee will very actively continue
this oversight function next year, some tangible improve-
                               Continued on page 8

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