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declined from prior years, false announcements th a t importa nt exhibitors at AOE would not be attending when some such exhibitors had already signed contracts for space at the· show, and deliberately picking a time, out of the whole year's calendar, and a place, out of the entire United States, which would discourage everyone from attending AOE by causing the two shows t0 be in direct conflict (since few attendees will be able t0 go t0 both). ' A second and separate Sherman Act claim, with the same entitlement to treble damages, arises from the facts that the entire amusement game industry is so small that there are only two annual trade shows now supported by industry members, and that the deliberate destruction of even one existing competitar would create a substantial "monopoly." Again the facts supporting this claim cannot be disputed; if some newcomer wanted to launch a national boat show or a national automobile show, his impact on the co mpetitive market wo uld be obviously quite different from the CALL TOLL FREE .800·227·5813 IN CA 800-227-5814 OR 408-625-5333 10 effects of ASI being scheduled on top of AOE. A third competing game show, fairly scheduled at a different time and place, might not have triggered the monopoly prohibition, but AGMA and A VMDA are stuck with their decision to make such a direct attack on AOE. Another claim or count wi ll arise under state law (in the first suit the Virginia State Code), since nearly every state separately prohibits conspiracies and boycotts which have the purpose of willfully, The RICO Count T he amirrust laws include crimi nal penalties for violat ions, b ut most antitrust cases rurn on civil claims for tr eble damages. The federal R ICO srarure is primar ily crimina l, though it also authorizes c ivi l re med ies, t reble damages and other d ras tic civ il re lief. R ICO ties di rectly inro the anti-gam bling laws o f all SO stares (even Nevada o ud aws un lice nsed subte rfuge devices), as well as inco a who le bo uque t o f federa l crimina l sa ncrions. Act ive ly promo ting the sale of gray area devices in inrersrarecommerce,as is AS J's a nnounced a nd admirted in renrion, puts everyone connected with the February show di rea ly in t he RICO line o f fire. The JVI partners dropped their suic, conrain ing a R ICO count, " withou t pre judice, .. because t he remedy is so drastic a n d far- reaching, a nd co see if som e fair co m promise could be wor ked our-as AGM A and A VM DA had indicated. N o one wa nrs ro pull the RI CO trigger in our indust ry famil y sq uabble. Bue n o meani ng ful response ca m e from ASI. RI CO is still an aweso me weapon, and JVI still has a ll its options. m aliciously, and unfa irly injuring a ny business enterprise conducted in that state, regardless of whether interstate commerce is affected. On this state ground alone, the JV! partners will probably be entitled to all damages caused by AGMA and A VMDA, as well as an injunction. And even if that were not enough, the admitted actions of AGMA and A VMDA in causing certain exhibitors who had already bought space at AOE to withdraw and breach their contracts with JVI creates a separate and distinct cause of action, for intentional interference with the contracts and tortious inducement of breaches. Finally, for the state law claims as well as for the federal antitrust and restraint-o f-trade violat io ns, JVI may be entitled to exemplary or punmve damages, besides three times its actual losses, if the court and jury are convinced that what was done by AGMA and A VMDA was willfull and done with intent to injure or destroy AOE. And of course, with any recovery, JVI may be awarded all its attorneys' fees and litigation costs. • "Ouality is Our Family Tradition" HOFFMAN &HOFFMAN CARMEL BY TH E SEA CALIFORNIA 93921 0896 PLAY METER. February 15. 1984