Fujifilm's views on Kodak's procedure under the section 301 petition
NEW EVIDENCE DISPROVES KODAK'S "PRICE FIXING"CLAIMS
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Detailed Report by Fujifilm Shows Price Competition is "Alive and Well"in Japan
ELMSFORD, NY, February 7, 1996 -- Fujifilm today submitted a detailed report to the United States Trade Representative(USTR) rebutting Kodak's allegations that a "price fixing conspiracy" exists in the Japanese consumer photographic market.
Fujifilm's report shows that Kodak has misrepresented both the Japanese photo market and its prices in an attempt to convince USTR that film prices in Japan are high and stable. The reports also provides new evidence confirming earlier reports that found retail price in Japan to be comparable to prices in the United States.
"The bottom line is that film prices in the U.S. and Japan are similar,and that price competition is alive and well all over Japan ,"said Fujifilm lawyer Bill Barringer. "Every time you look at Kodak's data,you discover new and different ways in which Kodak has skewed the data in its favor."
Barringer noted several examples of Kodak's willingness to twist data to suit its own purposes,including:
- Comparing high-price,photo shop data in Japan to low-price,discount store data in the United States;
- Specifically excluding discounted promotional prices in Japanese examples but including such discounted prices in the U.S. examples;
- Comparing after-tax prices in Japan to tax-free prices in the United States;and
- Ignoring sales of ISO 400 and multipack film, both of which are being sold more aggressively than ISO 100 and single pack film,the products Kodak used in its data comparison.
"This willingness to play fast and loose with the numbers underscores the weakness of Kodak's case. They are trying to use smoke and mirrors to prove conclusions that do not withstand critical scrutiny," said Barringer. "The simple truth is there is no 'price fixing conspiracy,* and that the Japanese consumer photographic market is open."
An executive summary of Fujifilm's USTR submission is attached to media advisory. The complete text is available upon request,and soon will be available on the internet at http://www.fujifilm.co.jp.
Thomas H. Shay
Fuji Photo Film U.S.A., Inc.
Edelman Public Relations