Document Exwr8Mn8OqNq6ajwEE9jXRxYn

Roy T. Gottesman Executive Director August 13, 1986 TO: Vinyl Institute Legal Committee RE: Carlon Antitrust Suit Last week, in Gaithersburg, I learned that the original decision in the Carlon/Allied Tube and Conduit Suit had been reversed and Sheila Millar of Keller and Heckman agreed to look into the situation. I enclose a letter which she has written to Chuck O'Connell on this subject, which I believe will be of interest to you. We will, of course, keep you advised should we obtain further details. RTG/pmb enclosure RECEDED ,\uq 1 r 198b Sherry. M. Carr A Division of THE SOCIETY OF THE PLASTICS INDUSTRY, INC. WAYNE INTERCHANGE PLAZA II 155 Route 46 West, WAYNE. N.J. 07470 (201) 890-9299 CTL026269 WOSCAM K(LLCB ftcaOMC W MCCHMAN WIUMM M BOBOMCSAMt. JB MALCOLM 0 MaATMIS* MAVMC V BLACK MAATIN W BCKCOVICt jonn CLOaco CAAOLC e MAMMtS MtCMACL f MOaaOMC JOHN 0UBCCK arTca l. la cawt cmaibtinC a mcaomca SMIL*T * fUJIMOTO lawacmcC a malabin cowabo l- homwch ckkcmcC d HAtV MAttMA MCNAMANA mark roa cvcas balam a. iikmomi C. OOUCiAl JAMCTT arrta a. susscb INULAA MILLA* auSBCLL m roa JAM M WAHITCO ILCMC aiMOCL MCLLCa UIAM CONTI IUIANJ BLUM MAMA C MAVCB BAMOAAJA OCNNII batbick j Muao* C AAM LCTCMB cbaio TAurrur AVI M JCTT* AOMITTC VBIMIA ONLT HAOMirrCO IN aCMMBTLVAMtA ONLT LAW omCES Keller and Heckman 110O 17'- STREET. N.W. SUITE lOOO WASHINGTON. D.C. 20030 (202) ese-seoo August 11, 1986 BCICNTine STArr aoamicl otRLca OUBWABO r OOOOCW CMABLCS V BBCOCB TCLC* Tcucoaica (COS! ?! CABLt AOOacat "RCLMAH* WBITfB'B OIBCCT <AL MUMBI (202) 956-5643 Mr. Charles E. O'Connell The Society of the Plastics Industry, Inc. 1025 Connecticut Avenue, N.W. Suite 409 Washington, D.C. 20036 Re: Carlon Antitrust Suit RfcCfcIVED AUG 131986 dr. r.t. gottesman Dear Chuck: You have perhaps heard that a judgment in favor of Allied Tube & Conduit has been reached by the judge hearing the antitrust suit brought against Allied by Indian Head, Inc. (Carlon). The decision was reached in a bench ruling by the judge. The lawsuit arose as a result of Allied Tube's "packing" a National Fire Protection Assocation (NFPA) meeting at which restrictions on non-metallic conduit were establish d. You will recall that the jury reached a verdict in favor of Carlon. The judge was apparently persuaded by the First Amendment arguments raised by Allied Tube & Conduit that lobbying activities before entities such as NFPA should be exempt under the Noerr-Pennington exemption to the antitrust laws. AT at resultT the decision is in keeping with the recent decision of a California court in the suit Sessions v. Joor Manufacturing, Inc. Carlon plans to appealT CTl<026270 Mr. Charles E. O'Connell August 11, 1986 Page 2 Keller and Heckman We have talked with CarIon's counsel, who has agreed to send us a copy of the hearing transcript at which the judge issued the order. Given the importance of these types of decisions to lobbying activities of SPI, we will review the transcript and advise you further about the particulars of the decision. Of course, if you have any questions or comments in the meantime, please feel free to contact us. Cordially yours, --- T '/ Sheila A. Mil'lar ' cc: Lewis R. Freeman, Jr. Roger D. Bernstein H. Patrick Toner Roy T. Gottesman CTL026271