The Freeman 1972 - The Ludwig von Mises Institute

200 THE FREEMAN AprilCommission chose to reevaluate1966 determinations by the Departmentof Justice did not concernContinental nearly as muchas certain recent public statementsvoiced by several members of theCommission's staff.Note these dates: Due to themass of documentation requested,Conoco did· not file the requestedinformation with the FTC untilJanuary 7, 1972. Yet, on October28, 1971, in the course of appearingbefore the House Special Sub-'committee on Small Business Problemsin Nashville, Tennessee - Mr.Lawrence G. Meyer, Director ofPolicy Planning for the FTCstated to the press assembled:"The Federal Trade Commissionwill file the first of three or fouranti-trust actions against oil companiesinvading the coal industrywithin six months."It's shocking to learn that threemonths in advance of voluntaryfiling relating to a review of a previouslyapproved transaction, ahigh official representing the prospectiveprosecutor, judge and jury-the FTC-pronounces judgment.Is this objectivity? Is this impartiality?Or is this prejudgmentand public pandering in the worstsense?From Whence the Evidence?One might inquire: Where didMr. Meyer and his staff obtain theevidence which they relied on toprejudge a matter of such importanceto the future of the energyindustries and this Nation?Not from the ;~nergy industries!Not from Continental',s submission.The answer may be found in therecord of the House SubcommitteeHearings. On Page 61 of thetranscript of the Hearings, WorthRowley, an attorney representingthe American Public Power Association,an association dedicatedto fragmenting the coal industry,and Mr. Rayburn, Counsel to theSubcommittee, engaged in the followingexchange:Mr. Rayburn to Mr. Rowley: Whatdid your association have to do toget theJustice Department to transferthe Consolidation Coal/ContinentalOil case to the Federal TradeCommission? You make that statementon page 6.Mr. Rowley: When we met withAssistant Attorney General McLarenin March, just to start the proceedings,I asked him if he would releaseit - release the matter to the Commissionfor. investigation, and hesaid he would. We did not have to goto very great lengths. We just hadto assemble our committee membersand pop the question. Then there wasa delay of about 6 weeks and a littlemore pressure from us, and thatwhich had been promised came topass.Mr. Rayburn: What can your as-