Andre Fleury Swiss Watch Co.
Watch Servicing Competition
The Sherman Act sates in part:
"The Sherman Act outlaws all contracts, combinations, and conspiracies that unreasonably restrain interstate and foreign trade. This includes agreements among competitors to fix prices, rig bids, and allocate customers. The Sherman Act also makes it a crime to monopolize any part of interstate commerce. An unlawful monopoly exist when only one firm controls the market for a product or service, and it has obtained that market power, not because is product or service is superior to others, but by suppressing competition with anticompetitive conduct".
Swiss cartel Monopolistic Technics:
Monopoly is achieves by suppressing the competition.
Competition is achieves by refusal to supply parts necessary to compete.
Refusal to supply is achieves by imposing egregious, nefarious, and unnecessary requirements upon the independent watchmakers.
Even though these absurd's requirements may differ from one brand to the others, one is their common denominator:
Requiring independent watchmakers to pass a test as to their technical ability.
Watchmaker Act did authorized a test of watchmakers ability until 1952. However ruling of nine supreme states court ruled the following in part:
"Watchmaking Act is void in that it deprives defendant of inherent rights, privileges and immunities guaranteed by the State and Federal Constitutions, in numerous particulars, to wit: That it seek to deprive him of is right to liberty, the pursuit of happiness and the enjoyment of his own industry; to deprive his of his property without due process of law, and deprive him of his right to earn a livelihood in a legitimate field of business that of watchmaking and his right to contract in matter in matter of purely private concern; that it violates the Bill of Rights of the Federal Constitution and seek to create a monopoly of business of watchmaking; that it grant to a certain class of citizens certain exclusive rights privileges and immunities, to the exclusion of others".
"There is no more excuse for requiring a watchmaker to pass test as to his technical qualification than for requiring a photographer to pass such a test.
The judgment of the trial is affirmed" State V. Wood 207 Okla."