UNITED STATES V. INTERNATIONAL BUSINESS MACHINES CORPORATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-01092A000100070012-0
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 14, 2016
• Document Release Date: March 26, 2003
• Sequence Number: 12
• Publication Date: April 2, 1975
• Content Type: MF

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Approved For Release 2003/044T : I
P78-01092A000100070012-0
2 APR 1975
25X'
I
MEMORANDUM FOR:
ATTENTION
SUBJECT
Deputy Director for Operations
25XIA
United States v. International Business Machines 25X1A
or oration
REFERENCE Intelligence Information RAnnrt m
is to be restricted to those of its
representatives who possess the requisite security clearances. In
response to the various pre-trial orders and in keeping with the
Protective Order, this Agency has heretofore released classified
materials to IBM. In certain cases the documents were sanitized
after the full text had been examined by its cleared personnel.
3. With specific regard to the referent, this document was
found by IBM representatives during their search of Department of
Commerce files. The Department of Justice has asked that we make
1. The referent, together with a sanitized version thereof,
is forwarded for a determination regarding the release of this
material to cleared representatives of the International Business
Machines Corporation (IBM).
2. The background to this request is that in 1969 Justice
filed an anti-trust suit against IBM alleging violations of the
Sherman Act in that it had monopolized the marketing of general
purpose digital computers. During the past 6 years of pre-trial
proceedings this Agency, as well as a number of other Government
agencies, has been subjected to an extensive discovery of documents
considered by IBM to have some relevance to this litigation. The
authority for IBM's wide-ranging discovery activities has been the
pre-trial orders issued by Chief Judge Edelstein of the U.S. District
Court for the Southern District of New York. In addition to orders
requiring the production of documents, Edelstein has also issued a
Protective Order which concerns information that is: (1) sensitive,
commercial, or proprietary, or (2) classified. in terms of the
Order, IBM may use Government-furnished, sensitive, commercial, or
proprietary information only for purposes of the present suit, and
access to classified document
Approved For Release 2003/04/02: C P78-o.1092A000100070012-0
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S.'BJBCT: United States v. International Business Machines
Caperat on
it available for purposes of the subject suit. If you approve, we
would release a sanitized version of this report to the Department
of Justice, with the understanding that it is to be handled pursuant
to the Protective Order. As has been the situation in the past, it
may be necessary to permit IBM to compare the sanitized edition with
the complete text of the report so that they can assure themselves
that nothing of substance has been deleted. Out of concern for
protecting Agency sources, we do not propose releasing the complete
report to IBM.
4. I ha ussed this matter with)
Att
ucilvrai ounse-
25X1A
25X1A
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Approved For Release 2003/04/02 : CIA-RDP78-01092A000100070012-0