responsible for distributing Schwinn products, or from
terminating such distributorships of distributors who do not
adequately represent Schwinn and promote the sale of Schwinn
products in areas so designated as their primary
responsibility; from designating in its retailer franchise
agreements the location of the place or places of business for
which the franchise is issued; or from engaging in any
activity rendered lawful by subsequent legislation enacted by
the Congress of the United States.
(A) Defendant Schwinn is ordered and directed, within ninety
(90) days after the effective date of this Final Judgment, to
serve a copy of this Final Judgment upon each of its
distributors and retailers, and within sixty (60) days
thereafter to file with this Court an affidavit as to the fact
and manner of its compliance with this subsection (A).
(B) For a period of two (2) years after the effective date
of this Final Judgment, defendant Schwinn is ordered and
directed to serve, within thirty (30) days of the appointment
of any new distributor or retailer, upon such new distributor
or retailer a conformed copy of this Final Judgment and to
keep and maintain a full and complete record of each person to
whom a conformed copy of this Final Judgment shall be
furnished pursuant to this subsection (B).
(C) Defendant Association is ordered and directed within
ninety (90) days after the effective date of this Final
Judgment to serve a conformed copy of this Final Judgment upon
each of its members, and within sixty (60) days thereafter to
file with this court an affidavit as to the fact and manner of
its compliance with this subsection (C).
(D) Defendant Association is ordered and directed to adopt
by-laws, rules, or regulations incorporating Section V of this
Final Judgment, or the substantive terms thereof, and to
enforce same, and to require as a condition of membership or
continued membership therein adherence to all of the
provisions of this Final Judgment.
For the purpose of securing compliance with this Final
Judgment duly authorized representaives of the Department of
Justice for a period of ninety (90) days from this date shall,
upon written request of the Attorney General or the Assistant
Attorney General in charge of the Antitrust Division, and upon
reasonable notice to Schwinn, the Association, or each member
of the Association made to its principal office, be permitted:
(A) Access during the office hours of each to all books,
ledgers, accounts, correspondence, memoranda, and other
records and documents in its possession or control which
relate to any matters contained in this Final Judgment;
(B) Subject to the reasonable convenience of each, and
without restraint or interference from it, to interview
officers or employees of each, who may have counsel present,
regarding any such matters.
Upon written request of the Attorney General, or the
Assistant Attorney General in charge of the Antitrust
Division, each shall submit such reports in writing with
respect to any matters contained in this Final Judgment as may
from time to time be requested for the purpose of securing
compliance with this Final Judgment.
No information obtained by the means provided in this
Section VIII shall be divulged by any representative of the
Department of Justice to any person other than a duly
authorized representative of the Executive Branch of the
plaintiff except in the course of legal proceedings to which
the United States is a party for the purpose of securing
compliance with this Final Judgment or as otherwise required
Jurisdiction is retained by this Court for the purpose of
enabling any of the parties to this Final Judgment 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 Final Judgment, for the modification
of any of the provisions thereof, for the enforcement of
compliance therewith, and punishment of violations thereof.
The making and entry of this Final Judgment supersedes as of
this date the Final Judgment entered by this Court on January
25, 1965. Each party shall pay its own costs.
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