Document e5XmxN5drVLkr4ww14oEQr9Ey
UNITED STATES OP AMERICA
Before the
FEDERAL TRADE COMMISSION
: tr f ' .
<* ~
\ %
'} ---------
)
In the Matter
)
)
)
of ) Docket No. 5253
)
)
National Lead Company, a corporation, et al )
)
;;)
Now come the respondents. The Eagle-Picher Company and The Eagle-Picher Sales Company, by their attorneys, Edmund P. Wood and Richard Serviss, and submit the following proposed findings of fact, conclusions of law, and reasons therefor:
1. These respondents adopt the proposed findings of fact, conclusions of law and reasons therefor submitted by the respondent. National Lead Company.
2. Additionally, these respondents request the following specific findings of fact:
(a) The Eagle-Picher Company and The EaglePicher Sales Company (hereinafter called Eagle-Picher) engage in the business of selling lead pigments in
M4in
Interstate commerce throughout the United States in
which business they are second in size to National
Lead Company (hereinafter called National). Due to
the difference in sizes of the two companies,
Eagle-Picher is not in a position to compete with
National, on lead pigments manufactured from pig
lead, by means of a general policy of price cutting
or price war. Nevertheless, it is the policy of
Eagle-Picher to compete with National in the sale
of lead pigments and Eagle-Picher does so compete
actively by means of research which develops
different and better products, by means of sales
service, by means of technical service to customers
providing them with the benefit of Eagle-Picher*s
research facilities, and by means of national adver
tising intended to increase consumer acceptance of
the Eagle-Picher products.
(b) Particularly, Eagle-Picher research
has developed special pigments known as basic lead
sulphate, leaded zinc oxide and blue lead which
Eagle-Picher manufactures from its own raw materials
and sells in competition with pigments manufactured
from pig lead. All of the Eagle-Picher organization
has been actively engaged in promoting consumer
acceptance and greater utilization of these products
in competition with those promoted by the other
respondents herein.
v
KtHKODUCED AT THE NATIONAL ARCHIVES
-2-
638
4
(c) Eagle-Picher's research laboratories have developed many special lead oxides for the storage battery industry and Eagle-Pichers techni cal experts have Instructed the company's customers in the manner of their use, which has improved the competitive position of the Eagle-Picher customers in relation to that of the customers of National and that of the large battery manufacturers which produce their own lead oxides.
(d) Eagle-Picher har not indulged in any unfair method of competition by conspiracy or other wise.
(e) Eagle-Picher has not discriminated among its customers in its sale of lead pigments.
(f) Eagle-Picher cannot compete with National except by selling on a delivered price basis because of National's greater size and greater number of manufacturing plants.
3. These proposed findings are supported by the
records as a whole and particularly by the testimony of the
witnesses produced by The Eagle-Picher Company and the
exhibits introduced in connection with their testimony:
Getz
3328 As to proposed findings (a) and (b)
Harner
3416 ** "
"
" (a),(b) and (c)
Chubb
3462 " "
"
* (c)
m
"D TO
O O
c: o
o
mX
z
>
o z >
3
Vasterling Mitchell Bowlhey Hayt
3591 As to proposed finding (b)
3620 3632 3659
it it
nn
it it
it it it
(c) " (a) " (a) and (b)
Respectfully submitted,
Edmund P. Wood
Richard Serviss
Attorneys for respondents The Eagle-Picher Company The Eagle-Picher Sales Company
640