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his associates is inconsistent with knowledge of approaching
aggressive war on the part of men who are charged with participating in the
preparation for such war.
The indictment charges that Farben, through
its foreign economic policy, participated in weakening Germany’s potential
enemies and that Farben carried on propaganda intelligence and espionage
activities for the benefit of the Reich. It is particularly emphasized that
Farben entered into many contracts with major industrial concerns throughout
the world dealing with various phases of experimentation, production, and
markets in fields in which Farben found competition. All of these contracts are
lumped under the much-abused term “cartels.” Many of these agreements
were essential licenses by which Farben permitted foreign firms to manufacture
products that were protected by Farben patents. This appears to be a common
practice among large business concerns throughout the world, and the fault, if
any, would seem to lie with national and international patent law rather than
with the firms that avail themselves of the protection which the law affords.
Furthermore, we are unable to find the counterpart of the Sherman Anti-Trust
Act either in international law or the national statutes of major European
powers. It has not been pointed out that any contract made by Farben in and of
itself constituted a crime. It is, nevertheless. argued that by virtue of these
contracts Farben stifled the industrial development of foreign countries.
Agreements between the Standard Oil Company of New Jersey and Farben regarding
the development and production of buna rubber in the United States are pointed
to as a specific example. The two companies agreed to exchange information
regarding the results of their experiments in this field. Farben outstripped
its competitors in experimentation and in methods of production. The Reich had
financed Farben to a material extent in the development of buna and criticized
time contracts which Farben had made. In reply to this criticism, Farben,
through the defendant ter Meer, advised the Reich, in substance, that Farben
was not complying with its contract in that it was not furnishing to the
American concerns the results of its most recent and up-to-date experiments.
Ter Meer testified that this communication to the Reich was false and was made
for the purpose of avoiding criticism and interference by government officials,
and that Farben did, in fact, carry out its contract in good faith. He is
supported in the latter statement by the affidavits of two Standard Oil
officials who testified as to the great value of the information given by
Farben. The record shows no information that was not divulged. It is true that
the development of the manufacture of synthetic rubber in the United States did
not keep pace with that in Germany. Natural rubber was then available in the
United States at a cost |
1122 |
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