United States v. General Motors Corporation
Decision Date | 25 May 1961 |
Citation | 194 F. Supp. 754 |
Parties | UNITED STATES of America v. GENERAL MOTORS CORPORATION. |
Court | U.S. District Court — Southern District of New York |
George D. Reycraft, Washington, D. C., for United States of America; Sanford M. Litvack, Washington, D. C., Arthur H. Kahn, Antitrust Division, Dept. of Justice, New York City, of counsel.
Cravath, Swaine & Moore, New York City, for General Motors Corp.; Bruce Bromley, New York City, Aloysius F. Power, Detroit, Mich., Allen F. Maulsey, John W. Barnum, New York City, of counsel.
General Motors Corporation has been indicted in this district charged with a violation of the Sherman Act, 15 U.S.C. A. § 2.
The indictment was filed on April 12, 1961. The defendant now moves for an order:
The second and alternative branch of the motion is withdrawn. The government on argument of the motion conceded that the alleged offence was committed in more than one district and that the proposed transferee district is one of the districts in which the commission of the offence is charged.
It is at least doubtful whether the special venue provision relied upon does apply to criminal prosecutions.2
However, it is of no moment which venue statute applies because Rule 21(b), 18 U.S.C.A. applies in any event.
As the government's memorandum in opposition to the motion shows:
"The purpose of the Rule was not to require trial of a criminal case in the `best' or `most convenient' forum for the defendant, its purpose was to prevent the trial of a case in a jurisdiction selected by the Government without regard to the nature or the existence of any substantial relationship between the forum and the offense charged."
The offence charged in paragraphs 18 and 19 of the indictment is:
In amplification of the charge, the indictment alleges that for many years, through such activities as selling at a loss to stifle competition, price and production juggling, applying economic pressure on customers and suppliers, unlawful location of plants and facilities, unreasonable advertising expenditures and generally by becoming too "big" in the affected commerce, the defendant has run afoul of the antitrust laws.
To sustain the jurisdiction and venue laid in this district, the indictment specifies nine acts in furtherance of the alleged monopolization, these acts being meetings for formulation of policy in aid of the offence charged, or conduct implementing such policies.
In support of the transfer, the defendant General Motors Corporation has demonstrated that virtually all of its means of refuting the charge made by the government are unavailable to it unless the motion is granted. On the other hand, the inconvenience to the prosecution will be practically nil.
The manufacture and sale of locomotives by defendant is conducted by its Electro-Motive Division, with plant and offices at La Grange, Illinois, a suburb of Chicago. The defendant functions under a...
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