Document v2bJoxOd4nNJbvyzy9Yyqbem

May 5, 1976 CERTIFIED MAID RETURN RECEIPT REQUESTED John E. Sarbaugh, Esquire Antitrust Division, Midwest Office U* S* Department of Justice Room 2634 Everett M* Dlrksen Building Chicago, Illinois 60604 Re; VCM Investigation Dear Mr* Sarbaughi The attached are documents submitted voluntarily In response to your letter of February 19, 1976* The Information enclosed herewith is Restricted Company Information* It is submitted and identified as a trade secret or privileged commercial or financial information under the confidential restrictions established by 5 USC 552(b)(4)* Other than to respond to the Government's request for such information, it would not be released* Any release of this information to other than the Government could cause severe damage and place the submitter at an unfair competitive disadvantage in its commercial marketing activities. Kindly return all of the above described documents when they are no longer needed by the Department of Justice. Very truly yours. Jeffrey P. Albert attachments bcc: James S. Wolff R. A. Heuerman A. E. Ulle R. D. Savage Staff Attorney BGH20233 22342001 UTILITY ORDER ORIGINATOR RETAIN I COPY PREPARE 4 COPIES DISTRIBUTION: FORWARD 3 copies with package CHARGE DEPT. OR E.A. ROUTING DATE ORDERED DESIRED SHIP DATE [ORDER NO. 0012 5/5/76 As boob t possible SHIP VIA ! 1 PREPAID 1 1 COLLECT f Ifreight f Iexpress ^PARCEL POST QaIR CHCHEAPEST WAY QUAN. DISTRICTS ATLANTA BOSTON CHARLOTTE CHICAGO TO John Sarb>agfa Etqnire_________ Aatitroat Division* Midwaat Office Not*{ To be wit CERTIFIED MAZE RETURN RECEIPT REQUESTED Room 2634 Everett M. DirkMn Building Cbicxgo, IIIloots 60604 ORIGINATOR'S SPECIAL SHIPPING INSTRUCTIONS: SPECIAL ROUTING (Reserved for Shpg. Rm.) CINCINNATI CLEVELAND (DALLAS CHECK APPLICABLE NON-SALABLE ITEMS BEING SHIPPED ON THIS ORDER OpRODUCT SAMPLES DnON-CHARGEABLE ADVERTISING STOCK & PRINTED MAT'L OgIFTS IZUfILMS. PAPER PRODUCTS, E XCLU Dl NG STATION ARY QenGINEERING DRAWINGS O FORWARDED MATERIAL (RECEIVING DEPT. ONLY) DENVER DETROIT HOUSTON QUANTITY 1 box JACKSONVILLE CODE NO. DESCRIPTION OF ITEM(S) BEING SHIPPED Documenti being aebmilled re VCM Investigation LOC. 10 F STOCK KANSAS CITY LOS ANGELES MEMPHIS MINNEAPOLIS NEW ORLEANS NEW YORK OMAHA PHILADELPHIA PORTLAND ST. LOUIS SALT LAKE CITT SAN FRANOSCO SYRACUSE WASHINGTON WORK INSTRUCTIONS ORIGINATOR BFG-58'5-C r-!NTEC IN IJ.S.A. BFG20234 DEPARTMENT FILLED 0Y CHECKED BY APPROVED PACKAGE PASS SIGNER March 29, 1976 Mr* R* A* Heuerman Ret VCM Investigation by Department of Justice On Wednesday* March 24, 1976* 1 spent the day at the Chemical Company reviewing documents for response to the above Investigation. The documentary evidence requested Is voluminous and will be Xeroxed and forwarded to me by April 2* 1976. After review of all documents a submittal letter will be prepared for forwarding with the documents* A one month extension has been requested of the DOJ and X will advise you before actual submittal Is made* Jeffrey P. Albert BFG20235 tm z w z z March 26, 1976 Mr. Richard J. Braun U.S. Department c Justice Room 2634 .Everett M. Dirkaen Building Chicago, Illinois Re: Investigation of Vinyl Chloride Monomer Market Dear Mr. Braun: In a letter dated February 27, 1976 from John E. Sarbaugh, Mr. Sarbaugh requested our response to the above Inquiry by March 19 1976. Although we are in the process of gathering the requested information It has become necessary for us to request at least a 30 day extension. Very truly yours, cp bcc: Kendall Greene R. A. Heuerman E.K. Bean Jeffrey F. Albert BFG20236 Mr. Richard J. Bran U* S. Department of Justice Hoorn 2634 Everett U. Dirksen Building Chicago, Illinois 60694 Ret Investigation of Vinyl Chloride Monomer Market Dear Mr. Brauns Please be advised that this office is in receipt of your letter dated February 19, 1976 la the above matter. Before making the submittal, however, 1 must request certain information from you. Specifically, 15 DSC Section 1312, Civil Investigative Demand, requires that you advise us as toj 1. The nature of the conduct constituting the alleged antitrust violation which is under investigation and the provision of law applicable thereto. 2. Prescribe s return date which will provide a reasonable period of time within which tbs material so demandsd may be assembled and made available lor inspection and copying or reproduction; and 3. Identify the custodian to whom such material shall be made available. In addition to the foregoing, 1 would appreciate having some assurance that the documents and information to be submitted will be held in confidence and that they will be returned when no longer needed by the Department* cc; Mr. . K. Bean u v Very truly yours. Jeffrey F. Albert Staff Attorney BFG20237 1C M 'to A *0 o w U1 U.S. DEPARTMENT OF JUSTICE Room 26. Everett M. Dirksen Buildr .g Chicago, Illinois 60604 60-122-104 February 27, 1976 Jeffrey P. Albert, Esq. Staff Attorney The B. F. Goodrich Company 500 South Main Street Akron, Ohio 44318 Dear Mr. Albert: This will acknowledge receipt of your letter dated February 26, 1976 requesting certain information pursuant to 15 USC Section 1312, Civil Investigative Demand. Our letter dated February 19, 1976 was not submitted pursuant to 15 USC Section 1312 but was a request for the submission of information on a voluntary basis. However, we shall respond to your request. We are investigating prices, terms and conditions of the sale of vinyl chloride monomer under the federal antitrust laws with particular focus on possible violations of Section 1 of the Sherman Act. We would appreciate receiving the information requested within 30 days from the date of our letter, but if there are any special problems in responding within that time, we would like to be advised. The information submitted should be submitted to the Midwest Office under the general custody of John E. Sarbaugh, Chief of that office. The information will not be disclosed outside of the Department of Justice except in connection with a legal proceeding or as otherwise required by law. If you have any questions feel free to call or write us. Sincerely yours, THOMAS E. KAUPER Assistant Attorney General Chief, Midwest Offi Antitrust Division BFG20238 February 26, 1976 Mr* Richard J. Braun U* 5* Cepirtmeat of Justice Room 2634 Everett M. Dlrksen Building Chlcaio, Illinois 60604 Rei Investigation of Vtavl Chloride Monomer Market Dear Mr* Brauns Please be advised that this office is In receipt of your letter dated February 19# 1976 In the above matter* Before making the submittal, however, X mast request certain information from yon* Specifically, IS USC Section 1312, Civil Investigative Demand* requires that yon advise ua as toi 1* The nature of the conduct constituting the alleged antitrust violation which is under iscvesttgstios and the prevision of law applicable thereto* 2* Prescribe a return data which will provide s reasonable period of time within which the material so demanded may be assembled sad made available for Inspection and copying or reproduction; and 3* Identify the custodian to whom such material shall be made available. In addition to the foregoing, X would appreciate having some assurance that the documents and information to be submitted wiU be held in confidence and tfaat they will be returned when no longer needed by the Department* Very truly yours. cot Mr* Em K. Bean Mr. K. Greene Jeffrey P* Albert Staff Attorney BFG20239 2342007 U D E PA RTM E NT 0 F J U STIC E ' ^ /f- ^ Room 2634 Everett M. Dirksen Building Chicago, Illinois 60604 ^^ 60-122-104 February 19, 1976 President B. F. Goodrich Chemical Division B. F. Goodrich Company 500 S. Main Street Akron, Ohio 44318 Dear Sir: ij r,-5 i3'7S AD, om The Midwest Office of the Antitrust Division is con ducting an investigation of the vinyl chloride monomer market. In connection with this investigation, we would appreciate your providing us with the following documents and information. 1. Copies of all price lists, price change notifications or similar documents relating to vinyl chloride monomer issued, published or made by your company during the period from January 1, 1974 to and including December 31, 1975. 2. Copies of all price lists, price change notifications or similar documents relating to vinyl chloride monomer issued, published or made by other companies during the period from January 1, 1974 to and including December 31, 1975. 3. The name and position of each person in your company who, during any part of the period from January 1, 1974 to and including December 31, 1975, had authority to control or in fact exercised any control over the list price or actual prices charged by your company for vinyl chloride monomer. State the period of time during which each such person had authority to control or actually exercised control over vinyl chloride monomer pricing for your company and, if any such person no longer has or exercises such authority, state his present position with your company or, if not presently em ployed by your company, his last known address and the reason or reasons for his termination. 4. Copies of all corporate business plans, divisional business plans, product business plans, budgets and similar documents relating or referring tor the production or sale of vinyl chloride monomer made, revised or received during the period from January 1, 1974 to and including December 31, 1975. 5. Copies of all documents referring to or reflecting upon actual, suggested, proposed or contemplated changes in the list price or actual prices for vinyl chloride monomer made or received by your company during the period from January 1, 1974 to and including December 31, 1975. BFG20240 8 0 0 7 ft Z 7 . 6. Copies of expense account records, appointment records, diaries, calendars and other logs of activity during the period from January 1, 1974 to and including December 31, 1975 for each of the persons named in response to Paragraph 3 of this request. 7. State the telephone number or numbers assigned during the period from January 1, 1974 to and including December 31, 1975 to each of the persons named in response to Paragraph 3 of this request. 8. Copies of all long distance telephone records relating to calls made by any of the persons named in response to para graph 3 of this request or from telephone numbers provided in response to Paragraph 7 of this request during the period from January 1, 1974 to and including December 31, 1975. 9. Copies of all documents referring or relating to meetings, contacts or other communications between any person employed by your company and any person known or believed by your company or any employee of your company to have pricing authority or responsibility for vinyl chloride monomer for any other company, during the period from January.1, 1974 to and including December 31, 1975. 10. Copies of all documents which refer or relate to the market structure, or production or sales shares of companies producing vinyl chloride monomer made or received during the period from January 1, 1974 to and including December 31, 1975. 11. Copies of all documents made or received by your company which refer or relate to the effect on the vinyl chloride monomer market, the polyvinyl chloride market, the polyvinyl chloride pipe market or the pipe fittings market that any actual, proposed, suggested or contemplated change in the list price or actual prices of vinyl chloride monomer might have or has had, from January 1, 1974 to and including December 31, 1975. 12. Copies of all salesmen's call reports or other documents which reflect calls upon customers or potential customers of your company for vinyl chloride monomer which refer or relate to: a) notification of price change in vinyl chloride monomer by your company; b) explanations of or reasons for any actual, suggested or proposed price change in vinyl chloride monomer; 2 BFG20241 c) complaints by any customer or potential customer due to any price actual, suggested or proposed price change in vinyl chloride monomer; d) any proposed, contemplated, suggested or actual change in the price of vinyl chloride monomer by any other producer or seller of vinyl chloride monomer during the period from January 1, 1974 to and including December 31, 1975. 13. Copies of all documents which refer or relate to suggested or contemplated action by any producer of vinyl chloride monomer as a result of any actual, contemplated or proposed change in the price of vinyl chloride monomer by any other producer made or received by your company during the period from January 1, 1974 to and including December 3, 1975. 14. Copies of all minutes, notes, or records of any meeting of your company's directors, employees or representatives re lating to prices of vinyl chloride monomer, made during the period from January 1, 1974 to and including December 31, 1975. 15. State your total production of vinyl chloride monomer in pounds and sales in pounds and in dollars separately for each of the calendar years 1974 and 1975. State the number of pounds of vinyl chloride monomer used or consumed by your company during each of the calendar years 1974 and 1975. 16. Any additional documents or information which you believe would be helpful to the Antitrust Division in determining the reason or reasons for the recent increases in the selling price of vinyl chloride monomer. Your cooperation in providing us with the requested documents and information will be appreciated. If you have any questions regarding your response feel free to contact Richard J. Braun, telephone 312-353-6685, an attorney in this office. Sincerely yours. THOMAS E. KAUPER Assistant Attorney General By Antitrust Division BFG20242 H e U S. DEPARTMENT OF JUSTICF Room 2634 Everett M. Dirksen Building Chicago, Illinois 60604 60-122-104 March 30, 1976 Jeffrey P. Albert, Esq. The B. F. Goodrich Company 300 South Main Street Akron, Ohio 44318 Dear Mr. Albert: This letter acknowledges your letter dated March 26, 1976 requesting additional time to respond to our letter dated February 19, 1976. We would appreciate your response by April 20, 1976. Your cooperation in this matter is appreciated. Sincerely yours THOMAS E. KAUPER Assistant Attorney General John E. Sarbaugh -Chief, Midwest Offi< Antitrust Division BFG20243 Inter organization Correspondence J. Albert M. G. Winter SUBJECT I FIELD POINT OR DEPT. & cLIG. NO. Akron, WHB-6 Dept. 0012 | FIELD POINT OH CERT. S. SLOE. NO. Cleveland, D/5445_________ REGoodrich ATE YOUR LETTER DATE THIS LETTER 4/1/76 Attached please find two copies of the following 1974 and 1975 VCM related correspondence: Contact Reports Letters Price Authorizations Sales Authorizations Purchase Authorizations Conversion Authorizations VCM Sales Contracts - Abbott Labs, Air Products VCM Purchase Contracts - PPG VCM Price Lists Purchase and Sales Activity - VCM, EDC, Chlorine Estimated Industrywide Capacities - PVC, VCM J. S. Wolff's 1974 and 1975 Appointment Calendar There may be duplications of the same piece of correspondence, for example a contact report with Air Products which is also contained in the Air Products contract data. Please let me know if you require any further data or explanation of anything contained herein. /njr cc: Mr. E. F. Barker Mr. K. Greene Mr. J. S. Wolff Attachments Michael G. Winter 9FG-*S56-C BFG20244 10 to 0 1 r* (0