NOTE.-For 142 cases terminated during the period 1951-57 by consent settlement, the average elapsed time per case was 32 months.

NOTE.-For 74 litigated cases terminated during the period 1951-57, the average elapsed time per case was 59.27 months.

Mr. HANSEN. In the 2 years thus saved, real strides may be made toward restoring competitive conditions in the industry involved. Indeed, within 4 months of the Kodak consent decree, which I will discuss with you later at some length, substantial new entry had been made into the defendant's former monopolistic market.

These striking statistics are complemented by an analysis of four recent cases (United States v. General Electric Co., 115 F. Supp. 835; United States v. International Boxing Club, 150 F. Supp. 397; United States v. United Shoe Machinery Corp., 110 F. Supp. 295; United States v. Aluminum Co. of America, 91 F. Supp. 333); in which hearings were held on relief after trial of the legal and factual issues had been decided. From the date of decision until date of final judgment and relief, the average elapsed time was over 18 months.

During this time the judge was being informed of and considering economic data pertaining to the defendants and to the industry. This information is already at the command of Government and defense lawyers when they begin negotiation.

Of course, the time required to present this material cannot be measured when the trial court decides to hear violation and relief testimony simultaneously; yet it certainly must be equally voluminous.

Some recent figures on cases which reach appellate courts tell an equally impressive story. Of the 6 civil and criminal cases terminated in fiscal 1957 which were litigated and won by the Government, 4 were appealed to the Supreme Court and 1 other was reviewed by a circuit court of appeals (United States v. McKesson & Robbins; United Liquors Corp. v. United States; Gulf Coast Shrimpers and Oystermans Ass'n. v. United States; Holophane Co., Inc., v. United States; Morton Salt Co. v. United States).

For these 5 cases, the average elapsed time between judgment in the trial court and final disposition of the appeal was over 17 months. Of course, the return of competitive conditions is further hindered by this delay.

This saving of time in obtaining relief provides correlative administrative advantages to the Division. Since savings in time generally spell like savings of men and resources, consent settlements mean lower costs to the Division per judgment entered.

The need for savings in funds and manpower is dramatically illustrated by table No. III which compares the number of complaints received and actions instituted by the Division with the budget appropriation made available to it. As is indicated, since 1952 complaints received have almost doubled but the annual appropriation has increased by less than $150,000. In fact, complaints have increased some 70 percent since 1951 while the appropriations have increased much less.

The charting of funds available for each action instituted shows a similar history. It is quite clear that the Division has less funds to expend upon individual items in an enforcement program which is more extensive than programs attempted with much larger appropriations.

In this context, results per enforcement dollar become a prime consideration in appraising alternative enforcement techniques.