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105. The New Order was received very favorably by the German
authorities. Farben requested the German authorities to starve the French
chemical industry into submission by withholding necessary raw materials. To
this end Farben arranged that "no negotiations with the French should take
place unless first the French indicated openly that genuine necessity obliged
them to recognize the superiority of the German dyestuff industry." On 25
September 1940, Farben's Commercial Committee agreed to take a "reserved
attitude toward the French partners." The defendant von Schnitzler, on 4
October 1940, instructed Farben agents to represent to the French that it could
not as yet open negotiations. On 12 October 1940, Farben's agent in Paris
reported to the defendant von Schnitzler on a conference held on 10 October
1940 with Frossard, president of Kuhlmann, at which Mr. Frossard requested a
conference with Farben, stating that: "The chemical industry in France must
live, which is in the interest of the European economy. German chemical
industry cannot intend that on the French side this branch of the industry
should disappear completely. You must help us." Frossard further indicated that
the French were prepared to accept a limitation of dyestuffs production, to
manufacture preliminary and intermediate products for German industry so far as
necessary, and even to sell its products under a German label.
106. On
21 November 1940, representatives of Farben and the French chemical industry
met at Wiesbaden under the auspices of the Armistice Commission. Representing
Farben were von Schnitzler, ter Meer, Kugler, and Terharr. Ambassador Hemmen
presided. Von Schnitzler read and gave to the French Delegation a memorandum
setting forth the basis upon which an "agreement" could be effected; Farben's
"claim to leadership" of the dyestuffs industry in Europe was to be recognized
and accepted by the French. Going beyond its claims in the New Order, Farben
now insisted on an absolute majority in the French chemical industry.
107. In developing its theme of the new German economic sphere, Farben
stated that it will be a "necessity of business and political economy, that
there be a complete accommodation of the French dyestuffs industry to the
German dyestuffs industry." The French urged that the cartel agreement of 1927
as amended in 1929, though suspended by the war, was still valid and should
constitute the basis for further negotiations. Thereupon the French speaker was
interrupted by Ambassador Hemmen, who, speaking loudly, with great violence,
and pounding the table with his fists, said there could be no further
discussion on any such basis; that he could not find words strong enough to
express his |
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