Annual Report 1994/95 - Alternatives to Prosecution Selectively Utilized

I am pleased to report that several matters have been resolved through alternative case resolution procedures. When matters are resolved quickly and easily, without having a full inquiry or judicial proceeding, it not only saves everyone's time, but eases the strain that high litigation costs are in creasingly putting on our tight resources. Earlier, I discussed the NBTel case. Here are two further examples.

A complaint was received alleging that a competing party was exerting pressure on a software developer to restrict the sale of a communications software program which allows credit grantors to communicate with credit reporting systems via remote terminals and has multiple networking capabilities. During our preliminary investigation, the software developer agreed to supply the complain ant with thecommunications software program. No further action was taken in this matter.

Written undertakings were obtained from a distributor of an advertising trade publication concerning the cessation of an exclusive dealing practice. A complaint had previously been received that alleged the distributor of the advertising trade publication was engaged in exclusive dealing by offering a financial incentive to stores to cease carrying a competing publication.