We have posted two additional filings made by HyperLaw in the
DOJ-Thomson case on our WEB site.
In the meantime, Thomson's response on Feb. 21 to HyperLaw's motion
to intervene for appeal and other purposes provides a glimpse at how
much DOJ messed up it merger investigation. In discussing HyperLaw
attempt to require the DOJ to disclose the 1988 secret agreements
between West and Lexis which permitted those two companies to have a
complete monopoly on star pagination and which created a copyright
pool involving cross-licensing between the two companies of case and
statutory information, Thomson states:
"The 1988 settlement agreements, however, were years outside the time
frame of documents Thomson was required to submit to the Department
of Justice during its investigation of the proposed Thomson/West
transaction."
This statement really gives one pause. DOJ investigates a merger
between 2 of the 3 giants in legal publishing and does not even ask
for documents that involve anticompetive agreements still in force
and effect with the other giant (Lexis) and then proposes a final
judgment which by DOJ claims permits Thomson to divest to only one
buyer, and then includes in the proposed final judgment a requirment
to divest Auto-Cite, which Lexis has tied up by contract with
Thomson, thereby assuring that the buyer of all divested products
will be Lexis? Absolutely incredible.
It seems that the investigation of the merger was circumscribed ab
initio in a way that assured approval by DOJ -- wonder who did that?
ADS
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:: Alan D. Sugarman Federal Appeals on Disc tm CD-ROM ::
:: President Opinions of US Courts of Appeals ::
:: 1993 to Date - All Circuits ::
:: HyperLaw, Inc. Registered Trademark ::
:: P.O. Box 1176 DO NOT SHORT CIRCUIT YOUR CLIENTS ::
:: New York, NY 10023 ::
:: sugarman@hyperlaw.com 212-787-2812 212-496-4138(fax) ::
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:: http://www.hyperlaw.com ::
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