these manufacturers? Assume there are no conflict-of-law or other procedural problems
due to the manufacturers being in another country.
After reviewing the case Matsushita Electric Industrial Co., LTD, et al. v. Zenith Radio
Corp. et al., 75 U.S. 574 (1986), I believe that there is a successfully chance to bring an antitrust
suit against the Japanese manufacturers. Section 1 of the Sherman Act states that every contract,
combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce
among the several States or with foreign nations, is considered illegal (Bagley, 2010, p. 644). In
the event the Japanese Manufactures formed an association and are discussing market conditions
in the U.S., import restrictions, surcharges, and simplification of export procedures, they are
indeed breaking antitrust laws. Violations of Section 1 consist of: (1) there is a contract,
combination, or conspiracy among separate entities; (2) it unreasonably restrains trade; (3) it
affects interstate or foreign commerce; and (4) it causes an antitrust injury (Bagley, 2010, p.
What if, instead of discussing the topics listed above, the manufacturers discussed the
details of individual sales, production, inventories, current price lists
and future price trends?
In the event the Japanese Manufactures were discussing the details of the U.S.
Manufactures’ individual sales, production, inventories, current price lists and future trends,
within in their trade or professional association, the U.S. Manufactures would have a very good
chance at bring an antitrust lawsuit against them. Trade professional associations often release
information among their members, but the association agreements rarely states the goals that
violate the Sherman Act, so courts will consider the structure of the market, and the type of