YAMAHA MOTOR CO., LTD. v. F. T. C.

Nos. 80-1760, 80-1913.

657 F.2d 971 (1981)

YAMAHA MOTOR CO., LTD., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent. BRUNSWICK CORP. and Mariner Corp., Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided July 29, 1981.

As Modified on Denial of Rehearing and Rehearing September 11, 1981.


Attorney(s) appearing for the Case

John R. Ferguson, Janine H. Coward, Peabody, Rivlin, Lambert & Meyers, Washington, D. C., Henry Y. Ota, Shigeru Watanabe, Mori & Ota, Los Angeles, Cal., Thomas C. Walsh, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for petitioner Yamaha Motor Co., Ltd.

James H. Sneed, Gen. Counsel, Howard E. Shapiro, Deputy Gen. Counsel, W. Dennis Cross, Asst. Gen. Counsel, David M. Fitzgerald (argued), Leslie Rice Melman, Jack Schwartz, Attys., F. T. C., Washington, D. C., for respondent.

Patrick W. O'Brien (argued), Kenneth J. Jurek, Chicago, Ill., John C. Shepherd, St. Louis, Mo., for petitioners Brunswick Corp. and Mariner Corp.; Mayer, Brown & Platt, Chicago, Ill., Shepherd, Sandberg & Phoenix, St. Louis, Mo., William L. Niemann, James H. Wehrenberg, Skokie, Ill., of counsel.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and BECKER, Senior District Judge.


As Modified on Denial of Rehearing and Rehearing En Banc in No. 80-1913 September 11, 1981.

ARNOLD, Circuit Judge.

These petitions for review challenge an order of the Federal Trade Commission holding that a joint-venture agreement entered into by petitioners for the manufacture and sale of outboard motors is unlawful under Section 7 of the Clayton Act, 15 U.S.C. § 18, and Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45. The parties...

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