CONCLUSIONS.

379

Other manufacturers, who believed the law does prohibit export
combinations, went on to say that they were not certain of the matter
and would not care to take the risk of joining a cooperative export
organization as long as the matter remained in doubt. So far as the
Commission's investigation showed, there are at present only a few
such organizations engaged in export.trade, and almost without
exception they are limited to a small number of complementary but
noncompeting concerns. Speaking generally, business men will not
invest capital in enterprises the legality of which is doubtful. As a
practical matter, therefore, the doubt as to the application of the
antitrust laws acts as a strong deterrent to the development of
export cooperative organizations among American business men.

SECTION 3. RECOMMENDATIONS OF THE COMMISSION.

The Commission believes that American exporters should be
enabled to compete in foreign markets on more nearly equal terms
with foreign competitors. It also believes that the smaller manufacturers
 and producers, so far as they desire, should be enabled to
share in such foreign business. It is convinced that for these purposes
 cooperation in export trade should be permitted. It knows
that doubt as to the application of the antitrust laws now prevents
any marked development of such cooperation. It does not believe
that Congress intended by the antitrust laws to prevent Americans
from cooperating in export trade for the purpose of competing
effectively with foreigners where such cooperation does not restrain
trade within the United States and where no effort is made to hinder
American competitors from freely engaging in export trade. It is
not reasonable to suppose that Congress meant to obstruct the
development of foreign commerce by forbidding the use in export
trade of methods of organization which do not operate to the prejudice
 of the American public, which are lawful in the countries where
the trade is to be carried on, and which are necessary if greater
equality of opportunity is to be afforded Americans in meeting
foreign competitors. The Commission, therefore, respectfully recommends
 that Congress enact declaratory and permissive legislation
to remove the present doubt as to the law and to establish clearly
the legality of such cooperation.
The Commission is aware that certain dangers may arise from the
development of cooperative export organizations. As has been
pointed out, there are two chief dangers: First, they may be used to
exploit consumers in the home market; and, second, they may be
used unfairly against individual American concerns in export trade
that are not members of the organizations. These dangers must be
provided against fully, and the Commission is confident that this can