U.S. v. IBM, 1969-1982
Part of collection: Computer & Communications Industry Association collection of IBM antitrust trial records (1912)
Dates
- Creation: 1969-1982
Scope and Content
The records found in this series constitute the largest and most significant portion of the collection. Their research value is as broad and diverse as the number of issues covered by the suit itself. While only three subseries have been established for these documents, the forms of the materials could logically be divided into at least five categories: 1) trial transcripts, 2) court documents, 3) depositions and their exhibits, 4) plaintiff and defense trial exhibits, and 5) the documents created by or for CCIA about the trial or as references to the materials reproduced. The court documents, such as memoranda, orders, stipulations, motions, and affidavits, were interfiled and bound with the pre-trial evidentiary materials, i.e., the depositions and their exhibits, and with the trial exhibits. As these documents represent distinct forms, with different values for the researcher, they are described separately. Appendices to the inventory offer retrieval lists based on these distinct forms, although they have not been boxed in separate subseries.
The trial transcript provides a nearly complete record of the court proceedings extending from May 1975 through November 1981. The government's case spans May 19, 1975 through April 26, 1978 and the defense rested its case on June 1, 1981. The transcript contains not only the direct testimony and cross-examinations of witnesses appearing in the courtroom, but also includes a number of depositions, taken in the discovery process, under oath but out-of-court, that Chief Judge David N. Edelstein caused to be read into the transcript record, to an empty bench. Exhibits offered by the parties or provided by the witnesses were also sporadically reproduced in the trial transcript. More usually, the evidence was separately logged by the court and organized according to the assigned exhibit numbers.
In Series I., Subseries B. Non-evidentiary materials, depositions, and exhibits are physically intermixed; Memoranda, motions, interrogatories, etcirca, are self-explanatory genres. Non-evidentiary documents include pre-trial items and therefore cover a broader time span than does the transcript, from January 1969 through January 1982. They offer not only an insight into prosecution and defense strategies throughout the litigation, but also into the fundamental issues of market definition, market share measurement, and opportunities for entry into the market. A number of motions, some of protracted length, were entered by parties who had been subpoenaed by the litigants, seeking, in general, to have the subpoena quashed and vacated. These dockets offer some perspective on the attitudes in the financial community, the computer industry and the civil service, to the antitrust suit.
The depositions, over 500 of which appear in this subseries, were taken between 1972 and 1974. They include extensive testimony from IBM executives. Many government agencies, such as the Atomic Energy Commission, National Oceanic and Atmospheric Administration, National Science Foundation, FBI, Federal Trade Commission, General Services Administration, National Air and Space Administration, the Bureau of the Census and, the National Bureau of Standards, as well as the Army, Navy, and Air Force are represented. In addition to EDP systems manufacturers like Honeywell, Burroughs and Sperry Rand (UNIVAC), the testimonies of executives from other important firms, such as Control Data Corporation, NCR, and Harris, are also found in these depositions. The government, primarily on the testimony of Frederic G. Withington and Alan K. McAdams, had determined that the market IBM was accused of monopolizing, was comprised of only four manufacturers: IBM, Burroughs, Honeywell and Univacirca Of the many manufacturers of plug-compatible and peripheral devices, Amdahl, Advanced Memory Systems, CalComp, Cambridge Memories, Electronic Memories and Magnetics, Memorex, Intel, Lockheed Aircraft, National Semiconductor, Itel, Telex and Storage Technology Corporation are among the firms represented. Alathus, GE, Shared Medical Systems, CIT Leasing, Greyhound Computer are among the leasing companies, time-sharing firms and service bureaus deposed.
Among the significant firms in the EDP industry whose depositions are missing from this collection are: Hewelett-Packard, Xerox, Digital Equipment Corporation, Data General, Motorola, Prime Computer, Perkin-Elmer, and Wang Labs. The depositions of commercial end-users, such as American Airlines, Chemical Bank, Union Carbide, were excluded. While some depositions are available for a number of government agencies, there are, perhaps, again as many that were not reproduced here. A listing of deponents not included here, but identified as part of the court record, may be found in the appendices to this inventory. It should also be remembered that the government's case specifically excluded foreign manufacturers. Firms such as Mitsubishi, Fujitsu, Hitachi, and Nippon Electric in Japan, the Dutch electronics firm, Philips, the British conglomerate, International Computers Limited (ICL), the German firms, Nixdorf, Siemans, and Bandische Anilin und Soda-Fabriken (BASF), and the French Compagnie International pour l'Informatique (CII), for example, were, naturally, not subpoenaed or deposed. The only material, therefore, relating to these and other non-U.S. companies is found in the trial exhibits of domestic firms which had 1) some relationship with foreign manufacturers (e.g., the Telex/Hitachi agreement to produce plug-compatible central processing units (CPUs) or the CII-Honeywell-Bull agreement), 2) a significant share of a foreign market or, 3) whose primary domestic market was experiencing inroads from foreign competitors (e.g., peripheral and plug-compatible manufacturers).
The subpoena specifically required deponents to provide certain documents, such as annual reports, to the court. The testimonies, both of witnesses who appeared in court and of those deposed during the pre-trial discovery process under the subpoena duces tecum and ad testificandum, were often accompanied by trial and deposition exhibits. These offer some of the most interesting and diverse documentation in this case. They include annual reports, financial records, 10-K reports to the Securities and Exchange Commission, a large variety of correspondence and intercompany memoranda, as well as in-house studies and reports of the marketplace and of competitive firms, from many companies in the EDP industry. The range of subjects covered by these documents varies for each firm, but most of the major Original Equipment Manufacturers (OEMs) and Plug-Compatible Manufacturers (PCMs) are represented in a fairly broad and extensive fashion.
Extent
From the Collection: 90 Linear Feet
Language of Materials
From the Collection: English
Additional Description
Access Restrictions
Limited sections of the trial transcript and some exhibits were closed by the court and are not available for research.
Related Names
Creator
- From the Collection: Computer & Communications Industry Association (U.S.) (Collector, Organization)
Repository Details
Repository Details
Part of the Manuscripts and Archives Repository