The Phase-of-the-Moon Charts in the Electrical Industry Cases: A Curio 1 Antitrust Law & Economics Review 1967-1968

1 Antitrust L. & Econ. Rev. 93 (1967-1968)
The Phase-of-the-Moon Charts in the Electrical Industry Cases: A Curio

handle is hein.journals/antlervi1 and id is 411 raw text is:

THE PHASE-OF-THE-MOON' CHARTS IN THE
ELECTRICAL INDUSTRY CASES: A CURIO

DR. JOHN M. KUHLMAN*

One of the more intriguing aspects of the price fixing cases in
the electrical equipment industry was the use by the conspirators
of what were called phase-of-the-moon charts. These have often
been referred to in the antitrust literature but have not been gen-
erally accessible to interested students. This paper reproduces one
of the sheets, attempts to explain their operation, and briefly ex-
plores some of the more interesting aspects of their use.

The Phase-of-the-Moon Chart

Determining Pricing Position (Low Bidder)
The charts' were used in only one of the twenty rings in the
electrical equipment industry, namely, in the switchgear assemblies
and substations group. There is some indication that they were used
as early as 1956, although the sheets are available for the period
following November, 1958, only.
The charts were used to determine the pricing position of the
several manufacturers in the nonsealed-bid portion of the market.

* Dr. Kuhlman is professor of economics at the University of Missouri,
Columbia, Missouri. He received his B.A. degree from Washington State
University in 1948 and his M.S. and Ph.D. from the University of Wisconsin
in 1949 and 1953, respectively. Dr. Kuhlman has done extensive research
on price-fixing rings.
I The various phase-of-the-moon charts are included in the deposition of
Nye S. Spencer, Volumes CCVII and CCVII-A, before Judge John J. Sirica
of the United States District Court, District of Columbia, May 14, 1964. The
chart reproduced here is a duplicate of Mr. Spencer's copy of the chart. The
extra numbers are an exhibit number and a depository number.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

What Is HeinOnline?

Purchase Access

Contact Us

Log In

NEED HELP?

CONTACT US

Get started

Subscribe to our Newsletter