In the email this morning:

(I blanked out the contact info.)

FOR IMMEDIATE RELEASE

CONTACT:
Steve Fleming
Communications Director
Mercury Marine
Cell: XXXXXXXXX

Phone: XXXXXXXXX
Fax: XXXXXXXXX
Email: XXXXXXXXX


Federal Court orders Yamaha to comply with Mercury contract

FOND DU LAC, Wis. (October 18, 2004)  A Federal Court has ordered
Yamaha Motor Corp. to comply with the terms of its existing supply
agreement with Mercury Marine regarding the delivery and pricing of power
heads for 75, 90 and 115 horse-power four-stroke outboard engines

Pursuant to a 1998 contract between the two companies, Yamaha supplies
power heads for Mercury's 75, 90 and 115 hp four-stroke outboard motors. In
that agreement, Yamaha agreed to provide Mercury the aforementioned
power heads and replacement parts until March 31, 2006. The agreement
contains very specific pricing terms and clearly limits raising prices on those

power heads.

In January 2004, Mercury petitioned the U.S. government to investigate
whether Japanese outboard engine manufacturers had engaged in unfair
pricing practices by "dumping" outboard engines in the United States.
Yamaha was one of the Japanese outboard engine manufacturers
investigated by the U.S. government. As a result of the investigation, the
government determined that Japanese outboard engine manufacturers,
including Yamaha, had indeed been dumping in the United States, and
preliminarily ordered a 22.52-percent import bond for each outboard engine
and powerhead imported into the United States from Japan.

Yamaha attempted to increase prices 91.6 percent on 75, 90 and 115 hp four-
stroke power heads supplied to Mercury beginning Nov. 1, 2004.

Mercury rejected the 91.6-percent price increase and notified Yamaha the
increase was, in fact, a clear breach of the supply agreement. Mercury also
filed suit in Federal Court in Wisconsin, alleging anticipatory breach of
contract. On September 27, 2004, Mercury moved for a judicial order that
would require Yamaha to continue to sell power heads to Mercury under the
terms of the existing agreement

The court issued an Order on Oct. 1, 2004, that directed Yamaha to continue
delivering powerheads in accordance with the agreement. After the close of
business on Friday, October 15, the federal district court issued what is
likely
to be its concluding order directing Yamaha to continue invoicing at the
prices set forth in the agreement. The judge stated, among other holdings:

"[Mercury Marine] is likely to prevail on its claim that Yamaha's refusal to
render continued performance&is a breach of the Agreement."

"Yamaha elected to unilaterally declare the Agreement terminated, something
it had no authority to do under the express language of the Agreement."

"[Mercury Marine] is likely to succeed on this issue [that Yamaha was
required to continue delivering powerheads on the contract's explicit terms
pending dispute resolution], no matter what the merits of the dispute they
agreed to submit to arbitration."

Additionally, we are informed that, in accordance with the terms of the
contract, Yamaha has petitioned the International Chamber of Commerce to
begin arbitration proceedings to determine their rights and those of Mercury
Marine.

(Gould 0738) wrote in message ...
In the email this morning:

(I blanked out the contact info.)

FOR IMMEDIATE RELEASE

CONTACT:
Steve Fleming
Communications Director
Mercury Marine
Cell: XXXXXXXXX

Phone: XXXXXXXXX
Fax: XXXXXXXXX
Email: XXXXXXXXX


Federal Court orders Yamaha to comply with Mercury contract

FOND DU LAC, Wis. (October 18, 2004) A Federal Court has ordered
Yamaha Motor Corp. to comply with the terms of its existing supply
agreement with Mercury Marine regarding the delivery and pricing of power
heads for 75, 90 and 115 horse-power four-stroke outboard engines

Pursuant to a 1998 contract between the two companies, Yamaha supplies
power heads for Mercury's 75, 90 and 115 hp four-stroke outboard motors. In
that agreement, Yamaha agreed to provide Mercury the aforementioned
power heads and replacement parts until March 31, 2006. The agreement
contains very specific pricing terms and clearly limits raising prices on those

power heads.

In January 2004, Mercury petitioned the U.S. government to investigate
whether Japanese outboard engine manufacturers had engaged in unfair
pricing practices by "dumping" outboard engines in the United States.
Yamaha was one of the Japanese outboard engine manufacturers
investigated by the U.S. government. As a result of the investigation, the
government determined that Japanese outboard engine manufacturers,
including Yamaha, had indeed been dumping in the United States, and
preliminarily ordered a 22.52-percent import bond for each outboard engine
and powerhead imported into the United States from Japan.

Yamaha attempted to increase prices 91.6 percent on 75, 90 and 115 hp four-
stroke power heads supplied to Mercury beginning Nov. 1, 2004.

Mercury rejected the 91.6-percent price increase and notified Yamaha the
increase was, in fact, a clear breach of the supply agreement. Mercury also
filed suit in Federal Court in Wisconsin, alleging anticipatory breach of
contract. On September 27, 2004, Mercury moved for a judicial order that
would require Yamaha to continue to sell power heads to Mercury under the
terms of the existing agreement

The court issued an Order on Oct. 1, 2004, that directed Yamaha to continue
delivering powerheads in accordance with the agreement. After the close of
business on Friday, October 15, the federal district court issued what is
likely
to be its concluding order directing Yamaha to continue invoicing at the
prices set forth in the agreement. The judge stated, among other holdings:

"[Mercury Marine] is likely to prevail on its claim that Yamaha's refusal to
render continued performance&is a breach of the Agreement."

"Yamaha elected to unilaterally declare the Agreement terminated, something
it had no authority to do under the express language of the Agreement."

"[Mercury Marine] is likely to succeed on this issue [that Yamaha was
required to continue delivering powerheads on the contract's explicit terms
pending dispute resolution], no matter what the merits of the dispute they
agreed to submit to arbitration."

Additionally, we are informed that, in accordance with the terms of the
contract, Yamaha has petitioned the International Chamber of Commerce to
begin arbitration proceedings to determine their rights and those of Mercury
Marine.


makes you wonder if they will supply lemmons only to mercury ...

Matt

I'd put nothing past Japanese business. They are predatory - and we let
them behave that way.

-W


"Matt Lang" wrote in message

makes you wonder if they will supply lemmons only to mercury ...

Matt

"Clams Canino" wrote in message link.net...
I'd put nothing past Japanese business. They are predatory - and we let
them behave that way.

-W


"Matt Lang" wrote in message

makes you wonder if they will supply lemmons only to mercury ...

Matt

Thats right .. to get a taste look at what happened to the camera and
home electronics industry - wiped out

It works like this:

1. Flood the market with good and cheaper products.
2. Wait til the domestic target industry dies
3. INCREASE price and milk the **** out of the people who now have no
other options about what to buy.


Matt

In article ,
Matt Lang wrote:


"Clams Canino" wrote in message
hlink.net...
I'd put nothing past Japanese business. They are predatory - and we let
them behave that way.

-W


"Matt Lang" wrote in message

makes you wonder if they will supply lemmons only to mercury ...

Matt

Thats right .. to get a taste look at what happened to the camera and
home electronics industry - wiped out

It works like this:

1. Flood the market with good and cheaper products.
2. Wait til the domestic target industry dies
3. INCREASE price and milk the **** out of the people who now have no
other options about what to buy.

Matt

Really?

How come my home electronics are cheaper - by a factor of about 10 - than
what they were before they did all this dastardly stuff?

(3) simply doesn't happen - if you attempt it, then the industry you killed
now has every reason to rise up once more, because there's money to be made
undercutting your overpriced junk.

--
--
Karl Denninger ) Internet Consultant & Kids Rights Activist
http://www.denninger.net My home on the net - links to everything I do!
http://scubaforum.org Your UNCENSORED place to talk about DIVING!
http://www.spamcuda.net SPAM FREE mailboxes - FREE FOR A LIMITED TIME!
http://genesis3.blogspot.com Musings Of A Sentient Mind

It works like this:

1. Flood the market with good and cheaper products.
2. Wait til the domestic target industry dies
3. INCREASE price and milk the **** out of the people who now have no
other options about what to buy.


Matt


Ah-so, much like very honorable WalMart. Take a bow.

On 21 Oct 2004 00:30:13 GMT, (Gould 0738) wrote:

It works like this:

1. Flood the market with good and cheaper products.
2. Wait til the domestic target industry dies
3. INCREASE price and milk the **** out of the people who now have no
other options about what to buy.

Ah-so, much like very honorable WalMart. Take a bow.

Hey, I like Wal-Mart. I buy stuff at Wal-Mart.

Like yesterday in fact. Six Bill Lewis Liv-N-Sound lures, in a box,
for $2.98.

Can't beat it. Of course the box was mislabeled - should have been 6
X $2.98, but still - that's what they charged. :)

Occasionally, you can strike back.

Later,

Tom
-----------
"Angling may be said to be so
like the mathematics that it
can never be fully learnt..."

Izaak Walton "The Compleat Angler", 1653

On Wed, 20 Oct 2004 20:39:44 -0400, Harry Krause
wrote:

Short Wave Sportfishing wrote:
On 21 Oct 2004 00:30:13 GMT, (Gould 0738) wrote:

It works like this:

1. Flood the market with good and cheaper products.
2. Wait til the domestic target industry dies
3. INCREASE price and milk the **** out of the people who now have no
other options about what to buy.

Ah-so, much like very honorable WalMart. Take a bow.

Hey, I like Wal-Mart. I buy stuff at Wal-Mart.

Like yesterday in fact. Six Bill Lewis Liv-N-Sound lures, in a box,
for $2.98.

Can't beat it. Of course the box was mislabeled - should have been 6
X $2.98, but still - that's what they charged. :)

Occasionally, you can strike back.

Boooooooooo.....ssssssssssssssssssss.

What? I got six lures for the price of one!! :)

Later,

Tom

"Beware the one legged man in a butt
kicking contest - he is there for a
reason."

Wun Hung Lo - date unknown

"Karl Denninger" wrote in message
news:qBxdd.46073$UA.26508@lakeread08...

In article ,

Thats right .. to get a taste look at what happened to the camera and
home electronics industry - wiped out

The US never had a decent camera industry, at least not post ww2. And
the home electronics industry comitted suicide.

It works like this:

1. Flood the market with good and cheaper products.
2. Wait til the domestic target industry dies
3. INCREASE price and milk the **** out of the people who now have no
other options about what to buy.

Matt

Really?

How come my home electronics are cheaper - by a factor of about 10 -
than
what they were before they did all this dastardly stuff?

(3) simply doesn't happen - if you attempt it, then the industry you
killed
now has every reason to rise up once more, because there's money to be
made
undercutting your overpriced junk.

Unless there are "substantial barriers to entry" such as patents,
intellectual property or money. And having been crushed by a monopolist
or a dumper, the industry is no longer attractive because they still
have the capability to deny any entrant a profit sufficient to attract
capital.

Surely you know this, Karl.

If Merc and Bombardier were to be driven out of business by imports and
their factories liquidated, who would be foolish enough to try to raise
the hundreds of millions necessary to reconstitute them?



del cecchi