UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK UNITED STATES PLAINTIFF, V. INTERNATIONAL BUSINESS MACHINES CORPORATION DEFENDANT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-01092A000100050035-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 14, 2016
• Document Release Date: May 9, 2003
• Sequence Number: 35
• Publication Date: October 27, 1971
• Content Type: COURTFILE

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UNIT %D STATES D :STRICT COURT FOR THE
SOUTHERN DIS`ITRICT Off'' ,ITI err YORK
UNITED STATES Or' AMERICA,
Plaintiff.:
Civil Action No.
?
V.
69 Carr. 200
. LV1~9 e?!,-!. r"f?"ON q S11ESS 74AC/^?T x,{'3(9
CORP0I 11AT.k011
9
Defendant
Defendant's ? eqn eat cr D c> t -Set yx
Defendant, pursuant to Rule 311 of the nederal Rules
of Civil Pracedur.e, requests plaintiff to produce within 30
days the f ollo:wing docuTrents and to permit tha defendant to'
Inspect and copy such docurients at places and times to. be
agreed upon by counsel.
Definitions and Construction
In interpreting each para'aph of this Schedules
the following definitions shall apply:
o:r',et or/Comre on: Competitor and compiLi icn
include past presen~, future and potential competitors
and competition.
Data ;-rocevsin-* Pt'odvet or Service: D--'--- Prcr uct or Ser ce nclu any such product or
Service and. any group or grouping thereof and data
,processing products or services in general and includes .
any part, replacement part, component or supply thereof,
therefore or related thereto.
SuR ie^_of Any Data rzlocessin.,* Product or' Service:
Supplier of Any Data roc si3~in ~Prc~ii c or Sew vic e
includes each Arson, includin plaintiff, which
supplied or supplies or potentially might supply by
dezd rain., dev'elopi n:;, manufacturing, mar-aging, ma.rke't-
ing, leasing, selling, selling time on, or supervising
DOJ review(s) completed.
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any product or service, and each officer, director,
employee, agent or attorney of,such supplier, who.ther
acting within or without tho scope of employment or
agency.
In complying with this Schedule, each paragraph,
ubparagraph, clause and word herein should be construed
ndopendently and not by reference to any other paragraph,
ubparagraph, clause or word herein for purposes of limita--
Lion.
Further in complying with this Schedule, any
requirement to produce documents which relate to any act,
ubject or thing includes but is not limited to a requirement
to produce all documents which constitute, mention or which
in any way, directly or indirectly, relate to any change in,
eason for, effect (actual, intended or expected) of, or
stimates, plans, projections or expectations regarding that
ct, subject or thing or the converse thereof.
-All documents which constitute, mention, or which
n any way, directly or indirectly, relate to:
1. Any supplier of any data processing product or
ervice, including, but not limited.to:
(a) any strength, weakness, origin, history, entry
or exit (into or from the data processing business or
any "market",. "submarket" or "part" thereof), success,
failure, position, employees, capital resource. or
requirement, asset, liability, research and development,
patent (or patent application), growth or expansion of
any such supplier;
(b) any expense, cost, profit, capital, revenue,
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loss,. depreciation, indebtedness, cash flow, allowance,
reserve, or tax (by product or "Product group ar, by com-
pany, subsidiary, group, division or other profit
center) of any such supplier;
(c) any barrier a.' deterrent (or the lack thereof)
to thu entry, exit, success, growth, expansion, revenue,
or profits, of any such supplier.
2. Any data processing product or service, includ-
ing, but not l irmrit ed to:
(a) any evaluation thereof;
(b) any corapai ison involving, or competition
between, any such product or service and any other
product or service;
(c) any purchase, sale, lease, bid, offer, proposal
consideration, termination or replacement thereof;
(d) the number, kind or variety thereof available;
(e) the number, kind 'or variety of persons perfO: m-
ing~or dapable of performing any such service;
(f) any price, term, condition, proposal, negotia-
tion,' agreement or contract for any such product or
service;
(g) the history, desi n, deve:_opment, announcement,
production (and production schedules), manufacture,
marketing, availability, delivery (and delivery sched-
ules), nature, complexity, technology, compatability,
obsolescence, capabilities, performance or specifica-
tions thereof;
(h) any change in or cancelation or withdrawal
of it;
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(I)
any investment in it (whether by a supplier,
customer or'inother);
(j) any advertising, statement, discussion,
undertaking, assertion, representation, act or promise
related thereto;
(k) any calculation, estimation or consideration
of the lift, life span or useful life thereof;
(1) any sales, lease or marketing figures, orl
plans, forecasts, projections or evaluations thereof.
3. Any customer, including plaintiff, of any data
rocessing product or service with respect to:
(a). the organization, management, procurement, use,
evaluation, selection, transfer or disposal of any data
processing product or service, by such customer;
(b) the capacity or willingness, or lack thereof,
of any such customer to purchase or lease any such
product or service from any supplier or to itself make,
per'orm or'supply any such product or service thereof
instead of or in addition to its existing or then exist-
ing supplier;
(c) the ability or capacity, or lack thereof, of
any such customer to use, evaluate or select among, or
to transfer or dispose of, any such product or service;
(d) any price, term, or condition for any data
processing product or service offered, negotiated,
considered, sought, accepted oxv rejected by any such
customer.
u. The data processing business, any "market",
'submarket" or "part" of commerce thereof, including, but
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(a) the existence thereof;
(b) the identity or naturQ of any product,rservice,
e =w"+ M' ^ s
supplier, purchaser or customer therein;
(c) the nature, extent or effectiveness of
competition therein;
(d) the relative or absolute position of any
company therein;
(e) any power of any` supplier of any data process-
ing product or service therein;
(f) any acquisiition or maintenance or any attempt
or intent to acquire or maintain power therein;
(g) any possibility or probability that any
supplier of any data processing product or service might
or may injure or destroy competition therein or acquire
or maintain any power therein;
.(h) any act, policy, practice, course of conduct,
dealing or transaction which might accomplish or
contribute-to the injury or destruction of competition
or the acquisition or maintenance of power therein.
5. Any offering or furnishing (or any refusal to
ffer"o'v furnish) by any supplier, of any data processing
roduct or service of any such product or service without
harge or for a single charge which includes any other
roduct or service or as a part of a package including any
then product or service or any request or demand for such
ffering or furnishing by any customer.
6. Any pricing (or any refusal to price) by any
upplier of any data processing product or service of any
uch product or service separately from-any-other data
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prccess.ing pr,)6"cct or service or any request or demand for
such pricing by any customer.
Any avnno ancernent by any supplier reli,t1ng to
any data processing product or service, including, but not
limited to:
(a)
me. nt ;
the tirrie, timing or content of such announce-
(h) any change in or, cancelation of any data
prose sing product or service or any specification or
Capability thereof;
(c) the satisfaction or failure to satisfy any
test or other standard;
(d) any extent to which such announcement was
premature. 8. The percentage return (whether profit or loss)
on investment or on rev?ent e realized or anticipated by any
supplier of any data processing product or service on any
such product or service or the relationship any such return
s
as or has not to any average or standard of comparison or to
he return on any other data processing product or service,
90, Any giving or offering by any supplier of any
data processing product or service of a price, product,
-er'vicc, term, cond1t-ion, financing arrangement, or other
consideration to any customer which is not offered or other-
iise made available to all customers.
Burton R. Thorman,
Attorney, Department of
Justice,
Attorney for,Plaintif f .
Cravath, Swalne & Moore,
One Chase Manhattan Plaza,
New York N.- Y. 10-005
rar.cPERICK A.0. BScwitw, I tz
A -.;tuber of said rm
Attorneys for Defendant
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inqutrlea should properly be e(idxrssed to the Depart xx s t of
Juattca. In each netts a Or Should You be served with any
rout mesa concerning such : 1ttgetton? please imm. ed t ly
RANDUM Q .I 0CSDM@t*ims,%nd Staffs
ai Inquiry of Agency Personnel
. i Private As thrust see
TATINTL
to the laot two paragraphs of that setter. s ho d quueet one
which rmlate in any r tanner to urr nt mAjitrust litigation be
aeb ct of you t W MA. I request you to advise I LM. Chet such
. T ' x:e from the Deparh ent of Justice a *d perttc l
I gall your attention to the attached memo.
9 TNI OV 1971
of Compute r
IS T
1 A v legistry lease 2(~ /~Qgi? A- 1DP 801 9?~g00 99050035-7
who will refer the w*tter to the Office
eel 1M)IIIPC C/IP Board
DDP!IPC ORD ADP Officer
DS`IC OSP ADP Officer
Distribution:
7 - 1 each divo & staff
3 - IPCs
2 ., O/D/OCS
F0 0
STATINT
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C 71-1608
4 November 1971
ORANDUM FOR: Director of Computer Services
SUBJECT:
Request fro: Departrxseat of Justices Re
IBM Inquiries to Agency Person el
Co cernisa, Private Antitrust Gases
Division, to the Director which is self-explanatory.
n
Office of I have already informed the
Logistics- In case any such Contacts are reported to you,
will you plea" advisee rxee so that I may discuss the matter with the
Department of Justice _
s aafvrmation should also be passe
as Y suggested, to CRf a
d '0111.
2. In, order that we may comply with the Assistant Attorney
General's request, would you advise
appropriate personnel who
zn:~ be cc atactsd by IBM in these
discuss them with IBM representatives and that
they advise should the contact immediately T i you of
3, In &dditi+on to the co
a
corn of the Assistant Attorney Gee
Oral, it is important
that the Agency to &him
_- -~r 2--kM410> In these cases for security STATINTL
ILLEGIB
ILL
EGIB
ILLEGIB
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OGC:JDM:bg
Distribution:
Orig & 1 - Addressee
Subject - LITIGATION, CIVIL
1 - JDM Signer
1 - Chrono
ILLEGIB
ILL
E GIB
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7~ S3gj
UNITED STATES DEPARTMENT OF JUSTICE
Address Reply to the
Division Indicated
and Refer to Initials and Number
RWMcL:LB:BRT
60-235-38
Mr. Richard Helms
Director
Central Intelligence Agency
Washington, D. C. 20505
Re: United States v. IBM
3CT 2a19I1
Reference is made to our prior correspondence
regarding the captioned case in which you were
requested to produce information sought by IBM
pursuant to Court process.
. In addition to this case, there are a number
of private antitrust cases pending against IBM in
which there are similar issues to those in the
Government case. It has come to our attention
that some Government personnel have been contacted
by IBM counsel in those private cases and requested
to discuss information relating to their govern-
mental responsibilities. Because of the overlap
among these cases, there is a likelihood that
information furnished to such counsel in an inter-
view or in writing may also be useful in the
Government case.
It is not our desire to deny to IBM or any of
the other litigants information to which they may
be legally entitled. It is essential, however,
that the Department of Justice attorneys be aware
of such requests and be in a position to protect
the rights of the Government in this litigation.
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Under the circumstances, it is our wish that
any requests for interviews or documents received
from IBM, its counsel, or from any other company,
which refer to litigation with IBM, be promptly
brought to the attention of this office. Similarly,
the person making the request should be advised
that, in view of the Government litigation, the
request should be made to the Department of Justice.
We would emphasize that this would not apply to
normal commercial dealings between IBM or any other
computer company and Government personnel.
In the event that an employee in your office
is served with court process requiring his
appearance for the taking of his deposition or in
court in any of the IBM cases, this office should
be notified promptly.
Sincerely yours,
RICHARD W. McLAREN
Assistant Attorney General
AntiPrust Division
By: Burton R. Thorman
Assistant Chief
Special Litigation Section
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Mr. Houston
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