Federal Court Upholds Goss’ Judgment Against TKS

According to the court, “There was also evidence presented at trial that TKS and its counsel attempted to destroy documents to conceal the secret rebates.” There was evidence, for example, that TKS executives in Japan had issued a standing order to TKS(USA)’s employees in the United States that all documents relating to the rebate matter “should be disposed of whenever possible.” Then, when TKS employees committed the secret rebate to writing, TKS executives in Japan warned that “there should not be such a document,” and ordered that copies of the document “must be collected and destroyed.”

In addition, the court reviewed the evidence supporting the jury’s verdict with respect to sales Goss made to two other United States newspapers. The jury awarded Goss “price suppression” damages in connection with both of those sales. The court concluded in both instances that the jury’s verdict was supported by the evidence presented at trial.

“Goss believes strongly that free and fair trade is the best course for all competitors in the market,” said Bob Brown, CEO of Goss International. “The Court’s decision confirms again that TKS violated U.S. law and the rules of fair trade, and then tried to cover up its actions with secret rebates and by destroying documents. We are gratified that the court has upheld the jury’s verdict holding TKS responsible for its intentional and wrongful conduct in the U.S. marketplace.”

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