among the several states and in an unlawful combination and conspiracy to monopolize trade and commerce among the several states, with the intent and object of substantially lessening competition in and monopolizing the long-haul transportation of freight, to the irreparable injury of the public and of the plaintiffs, whose business defendants intended to restrain and restrict to the greatest extent possible, with the ultimate object of driving them out of the long-haul transportation industry. Defendants have sought to achieve this object primarily by campaigns of vilification and harassment designed to destroy the business good will of the long-haul truckers, including plaintiffs, and to cause to be imposed upon them burdensome governmental restrictions and taxes. Defendants have concealed their part in instigating and supporting such campaigns.
(a) Defendants are jointly and severally enjoined and restrained from combining or conspiring with the intent and object of restraining, restricting, limiting or preventing the existence, growth, development, or expansion of the business of plaintiffs, or competition by plaintiffs with defendants, or any of them, in the long-haul transportation of freight, by directly or indirectly doing or causing to be done any of the following acts:
(1) Seeking to create resentment or hostility to plaintiffs in the minds of the general public.
(2) Seeking to create resentment or hostility to plaintiffs in the minds of those persons who utilize or may utilize the services of plaintiffs' trucks and in such a manner as to interfere with business relations between shippers and plaintiffs.
(3) Seeking to create resentment or hostility to plaintiffs in the minds of legislators, law enforcement officers, or other public officials or members of any branch of government.
(4) Publishing or causing the publication or dissemination of false, defamatory or derogatory material with regard to plaintiffs or their business.
(5) Instigating, preparing, composing, publishing, producing, disseminating, paying for or subsidizing any release, article, report, statistics or other publication, or any motion picture, radio or television presentation, or any other material relating to plaintiffs or their business without disclosing to the reader or viewer that it has been instigated, prepared, composed, published, disseminated, produced, paid for or subsidized by or on behalf of defendants.
(6) Seeking out or creating organizations apparently independent of defendants to carry out any activity prohibited by this Final Injunction without publicly disclosing the relationship between defendants and such organizations.
(7) Employing or contracting with any public relations firm or similar organization to carry out or cause to be carried out any activity prohibited by this Final Injunction.
(8) Making payments, whether by way of salary, expenses, or of any other nature, to any official, officer, employee or consultant of any governmental, public or private body or organization to carry out, in the name of such person, governmental, public or private body or organization, any activity prohibited by this Final Injunction.
(9) Sponsoring, instigating or supporting any legislation for the enactment of ton-mile, weight-distance, highway or other taxes of any kind to be levied on plaintiffs or their business, or weight, size or other truck limitations, or opposing legislation repealing such existing taxes or truck limitations, unless such opposition be openly and publicly made in the name of the defendants or any of them.
(b) Activities affecting plaintiffs prohibited herein in this Paragraph IV shall be deemed to include (1) those activities specifically directed against plaintiffs by name, and (2) those generally directed against long-haul truckers as a group or against other specific persons in the long-haul trucking business in so far as they affect plaintiffs because they affect the group (long-haul truckers) of which plaintiffs are a part.
Nothing contained in this Final Injunction shall be construed to prohibit defendants from seeking to change or improve their own facilities, services or rates to make such facilities, services or rates more attractive to shippers, nor from seeking legislative, administrative or other governmental benefits for themselves, as distinguished from imposing burdens on plaintiffs. Nor shall anything contained in this Final Injunction be construed to prohibit defendants from appearing before any legislative, administrative or other governmental body to point out the effect upon the railroad industry of the enactment of any legislation or administrative rulings which may be designed to aid the plaintiffs, but which would adversely affect the defendants.
Jurisdiction of this cause is retained for the purpose of enabling any party in interest to apply to this Court at any time for such further orders and directions as may be necessary or appropriate for the construction or carrying out of this injunction, for the purpose of the enforcement of compliance therewith and for the punishment of violations thereof.
It is hereby Further Ordered, Adjudged and Decreed as to
Damages that judgment be entered in favor of plaintiff Pennsylvania Motor Truck Association (PMTA) and against all the defendants, jointly and severally, in the amount of $ 652,074 (single damages $ 217,358 -- trebled, as required by statute).
Further, that judgment be entered in favor of all the named plaintiffs in Paragraph I(A) of this Final Decree, other than Pennsylvania Motor Truck Association (PMTA), and against all the defendants, jointly and severally, in the amount of eighteen cents (18 cents) each (nominal damages of six cents (6 cents) each -- trebled, as required by statute).
It is hereby also Further Ordered, Adjudged and Decreed, as to
Counsel Fee that the defendants pay to plaintiff Pennsylvania Motor Truck Association (PMTA) as a reasonable counsel fee, under the provisions of Section 15, Title 15 U.S.C.A., the sum of $ 200,000.
© 1992-2004 VersusLaw Inc.