- 37 - Farley testified only that the Japanese partners agreed to give Burndy-US management control over Burndy-Japan in 1973.15 York testified that Burndy-US had no financial control over Burndy- Japan. Cantor and Farley testified that Furukawa and Sumitomo provided no input to Burndy-Japan’s day-to-day operations. Petitioners contend that this shows that Burndy-US controlled Burndy-Japan. We disagree; it shows only that Burndy-US provided day-to-day management. York testified that Furukawa and Sumitomo were merely passive investors in Burndy-Japan and that Burndy-US neither sought nor received any input from them. Petitioners contend that Burndy-US completely dominated Burndy-Japan, including its corporate direction and strategy, product lines, marketing, manufacturing, hiring and personnel policies, and financial decisions. We disagree because: (1) Burndy-US tried unsuccessfully to force Burndy-Japan to drop the electrical connector business from 1962 to 1993; (2) Burndy-US tried unsuccessfully in 1987 to get from Burndy-Japan a list of products manufactured or sold by Burndy-Japan and information 15 In a Jan. 27, 1973, letter to Burndy-US, which was part of the negotiations for the 1973 basic agreement, Furukawa and Sumitomo said: “We have purposely refrained from using the wording ‘Burndy Corporation to have complete management control of Burndy-Japan’”. Thus, that language was not included in the 1973 basic agreement.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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