Jump to ContentJump to Main Navigation
The Language of Fraud Cases$
Users without a subscription are not able to see the full content.

Roger W. Shuy

Print publication date: 2016

Print ISBN-13: 9780190270643

Published to Oxford Scholarship Online: December 2015

DOI: 10.1093/acprof:oso/9780190270643.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 September 2019

Price-Fixing (Fraud)

Price-Fixing (Fraud)

Chapter:
(p.251) 9 Price-Fixing (Fraud)
Source:
The Language of Fraud Cases
Author(s):

Roger W. Shuy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190270643.003.0009

Marc Whitacre of Archer Daniels Midland reported to the government that his company was involved in price-fixing. He then began tape-recording his meetings with his boss, Michael Andreas, and other lysine manufacturers. A 1993 meeting with Japanese lysine manufacturers was thought to contain the critical evidence of price-fixing. The parties talked about the growth of volume and possible legal problems of competition. The Japanese introduced the topic of possible allocation of market shares, moving the conversation into legally questionable territory. Andreas’s schema of the meeting changed when topics of the potential allocation and sharing market growth were raised. No agreement to allocate lysine was made during this meeting. This smoking gun evidence was produced by the Japanese executives, not by Andreas. This was about all that could be used to defend ADM, however, since during later tape-recorded meetings the speech act of agreeing was clearly made by all parties.

Keywords:   legislative statutes, market allocation, sharing market growth, merged business interests, schemas, agendas, themes, speech acts, conversational strategies, smoking guns

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .