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Business Organizations Keyed to Allen
Graham v. Allis-Chalmers Manufacturing Co.
Citation:
188 A.2d 125 (Del. 1963).Facts
Allis-Chalmers was a large electrical equipment manufacturer employing over 31,000 people and a sales volume of greater than $500,000,000. The company was split into various divisions at multiple levels. Allis-Chalmers operated by decentralizing delegating authority to the lowers possible management level. Product pricing was usually determined by the department manager and the Board of Directors did not participate in those specific decision.
In 1937, two Federal Trade Commission decrees were issued to Allis-Chalmers warning them about past antitrust activities. A review conducted by one of the directors in 1943 showed that the company was complying with the decrees in regards to prices on condensers and turbine generators. However, in the summer of 1959, the directors learned from a newspaper article that there was a proposed investigation against Allis-Chalmers for identical bids. Allis-Chalmers and four of its employees were indicted for price-fixing activities dating back to 1956. In early 1960, the directors released a policy statement relating to antitrust problems.
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