342 REPORT ON COOPERATION IN AMERICAN EXPORT TRADE,

The purpose of this question was apparently not clear to some business
 men, re a number either avoided. committing themselves or did
not answer the Justin. For example, some replied, “ Do not know,”
others * Not sufficiently informed,” ete.
As shown in the summary statement below, of those who answered
in a direct manner, 512, or 56 per cent, were of the opinion that the
present law does probihit export combination or cooperation, while
408 took the opposite view. Of those who stated they had taken advice
 of counsel, 87 thought the present law prohibits export cembinations,
 while only 29 thought the opposite.
Of those who thought the law now prohibits combinations for the
purpose of export trade many thought the prohibition absolute and
applicable to noncompeting as well as competing products. On’y a
few mentioned the rule of reason in this connection. It is interesting
to note that of those who based their answers to this question on advice
 of counsel, there were 68 who thought the prohibition absolute,
while but 8 thought the prohibition applies only in case the combination
 represents a preponderant part of its industry. Again, of those
who had sought advice of counsel, 45 thought that only combinations
covering competing products are prohibited, while 56 thought that
the prohibition applies to combinations covering noncompeting products
 as well as competing products.
Those who thought the law does not now prohibit export combinations
 would hardly be expected to answer subdivisions (6) and (¢)
as to the extent of the prohibition. Yet some of these did answer
them, apparently wishing to register an alternative opinion as to
what the extent of the prohibition is in case they are wrong in their
primary belief that there is no prohibition.
y i summary statement of the replies to the whole question is shown
elow :

TasLe V.—Summary of replies regarding belief as to legality of export combinations.

Main question.

Combination.


Subdivision (b).

Prohibition.


5
a
fp

Subdivision (¢).

Prohibi-‘fon
 as to—

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Ny
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oo
2F

3
2
3
1

1}

5
Z

On advice of counsel. .
Others. ....

Ota cc venccncnascs:

2101

a

A

2431 4

18 10
163 | 516
ol 18] 52

ExisTING JOINT SELLING AGENCIES AND JOINT ADVERTISING CAMpaTGNS.—Question
 2 of the manufacturers’ schedule was as follows:
(a) Are you now exporting through a joint selling agency in which you
cooperate with other manufacturers or producers?
(b) Are you now cooperating in any joint advertising campaigns in foreign
markets?