HEINRICH KRONSTEIN’S DOCUMENTS AND PUBLICATIONS
I. This first set of documents is primarily related to Heinrich Kronstein’s (HK) time at the Antitrust Division of the Department of Justice (1942-1945), during which he became known as an expert in German cartels and the structure of German industry. For reference, Thurmond Arnold was the Assistant Attorney General during most of this period. Ed Levi was Arnold’s top deputy, and Corwin Edwards was the Chief Economist at the Antitrust Division. Of note, the first two documents are added as background and were written before HK came to the U.S. (in 1935).
2. Konzentration und Technik, 1931
3. Memorandum to H. L. Jones, November 14, 1939
4. Letter from Publication Press to HK, enclosing page proofs, 1940
5. Affidavit, 1940 File 1 and Affidavit, 1940 File 2
6. Material on German Cartels (undated)
7. Levi Memorandum re international cartels, 1942
8. Research Project; Combating Foreign Cartels (undated)
10. Thurman Arnold letter, 4/22/42
11. Memorandum to Corwin Edwards, 8/27/1943
12. Memorandum to Corwin Edwards, December 15, 1945
13. Commonweal materials, 1943
14. Memorandum re German control of US corps., undated
15. Letter to “Ed”, March 21, 1945
16. Letter to George Reynolds, April 6, 1945
17. Memo to Edward Levi, April 23, 1945
18. Letter to George Reynolds, May 24, 1945
19. Proposal for Division of Industrial Information, May, 1945
20. Result of Alien Property Custodians’ Patent Policy
II. Heinrich Kronstein was sent to Frankfurt (August 1945, by way of France) as part of a U.S. Government mission to assist in the initial rebuilding of German industry and government, particularly in the State of Hessen. HK was made a Colonel for the purpose of this mission. For reference, Major Gottleib was the director of the economic development program for Hessen. W. Friedman was also on the team. In November 1945, HK returned to Washington but continued to work on German reconstruction matters with the U.S. Government through 1949. Of note, in 1947, HK returned to Germany as an adviser to a high-level Congressional delegation overseeing the reconstruction efforts.
1. Letter of Introduction to US Embassy, France, 1945
2. Preface to Report on Conditions in Germany, circa 1945
3. World Trade Control, by Edward Mason
4. Military Government and Political Developments in Germany, by W. Friedman
5. USFET Release no. 398, September 21, 1945
6. Economic Administration and Reorganization in the Hessen Area
7. Letter from Siemens Corp., 1945
9. Studie uber das deutsche Patentwesen nach dem Kreige, September 30, 1945
10. Secret list of German scientists formerly in Russian Zone, September 21, 1945
11. Aus Mitteldeutscheland evakuierte Wissenschaftuler, undated
12. Memo re German scientists and technicians, undated
13. Memo to Major Gottlieb, October 8, 1945
16. Prewar Contracts of Americans or Other Nationals of Countries Belonging to the U.N. and Enemies
17. Memorandum re plan for future structure of German industry, 1946
18. Report on German Reaction to Decartelization
19. Handwritten Memorandum to Allen Dulles, undated
20. Letter, 6/22/49 re German monopoly statute
21. Confidential Report: Gutachen des Wissenschaftlichen Beirats bei Verwaltung fur Wirt., 1949
III. Heinrich Kronstein became a leading promoter for the adoption of anti-cartel laws in Germany (1948-1957) as Professor at Georgetown University School of Law, and, starting in 1953, Professor of Law at the University of Frankfurt. He corresponded with Ludwig Erhard, who was the German Economics Minister at the time, and later became Chancellor of West Germany, from 1963-66, urging him to support proposed anti-cartel legislation. The documents include detailed reports on the American antitrust laws to the German government.
1. Kronstein Report on Multinationals and Restrictive Practices, undated
2. Memorandum on Georgetown Conference on Germany, 1951
3. Letter to Ludwig Erhard, 1954
4. Amerikanische Rechtsprechung, 1954
5. Letter from Ludwig Erhard, 1957
6. Graevening letter (Guyaquil), 1957
7. Report on FTC, approx 355 pages (German)
8. Letter signed by Konrad Adenauer
IV. The following documents are related to the building of academic bridges between the University of Frankfurt and Georgetown University (1948-1962). This lays the groundwork for the establishment (in 1955) of what is now called the International Law Institute. For reference, Walter Hallstein was a law professor at Frankfurt, later becoming German Undersecretary of State and the Chairman of the European Coal and Steel Community (forerunner of the EU).
1. Heidelberg lecture, undated (German)
2. Text of Hallstein Address at Georgetown, 1953
3. Frank C. Nash (Asst. Sec. Defense) correspondence, 1955
4. Letter from Schulte zu Hausen 1/18/56
5. Hallstein letter, 1957 (German)
6. Hallstein correspondence, 1957 (German)
7. Aktenvermerk fur Dr. Hallstein, 1961
8. Hallstein Address at Georgetown University, 1962
9. “America and Europe: New Initiative,” by Hallstein
10. Invitation to reception for Willy Brandt, 1964
11. Letter from George Ball, 2/19/65
V. This set of documents is related to Heinrich Kronstein as an expert on new antitrust laws in Germany/Europe
(1956-1967).
1. Bericht, June 1956 (German)
2. Lecture, American Foreign Law Assoc., 1957
4. Trends in Antitrust/Common Market 12/6/60
5. Kefauver materials, 1962-63
6. Transcript of Warren Burger’s remarks, 1965
7. Kronstein Statement, OECD, Paris, 1967
8. Introduction to Robert F. Kennedy, 1967
10. Report, International Conference on Monopolies, Cambridge, 1969
VI. This last set includes Heinrich Kronstein’s articles on antitrust and related documents (1929-1971)
1. Zum Problem: Staat und Wirtschaftsmacht – Die Justiz (1929)
2. Cartel Control: A Record of Failure – Yale Law Journal (1946)
3. Business Arbitration-Instrument of Private Government – The Yale Journal (1944)
4. The Dynamics of German Cartels and Patents I – The University of Chicago Law Review (1942)
5. The Dynamics of German Cartels and Patents II – The University of Chicago Law Review (1942)
6. European Cartels – The Commonweal (June 4, 1943)
7. Industrial Combinations and the Law – Georgetown Law Journal (May 1943)
8. A Plan for Chaos in Europe – America (July 1946)
9. A Reevaluation of the International Patent Convention – Law and Contemporary Problems (Autumn 1947)
10. The Nationality of International Enterprises – Columbia Law Review (~1952)
11. Die Politik des Wettbewerbs in den Vereinigten Staaten von Amerika_Ordo (1950)
13. In Reply to Mr. Taylor – Columbia Law Review (1953)
15. Rechtsauslegung im wertgebundenen Recht – CFM (1957)
17. Cartels under the New German Cartels Statute – Vanderbilt Law Review (1958)
20. Arbitration is Power – New York University Law Review (1963)
21. Brandeis Before the FTC in 1915: Should Advisory Opinions be Given? – Federal Bar Journal (1964)
23. Reporting on Corporate Activities – University of Detroit Law Journal (1961)
25. Antitrust-Rueckblick und Ausblick – Wirtschaft und Wettbewerb (1971)
VII. Heinrich Kronstein’s Diary detailing his trip to Germany August-November 1945