Opening Statements and Testimony: Ohio-Sealy et al. v. Sealy, Inc. et al

The opening statements to the jury of 4 attorneys and the testimony of 2 expert witnesses are presented in the case of Ohio-Sealy et al. versus Sealy Inc. et al. This case involved the principle of resale price maintenance. On June 13, 1986, a jury returned a verdict awarding damages (trebled) of approximately $75 million to Ohio-Sealy and some $45 million to the other plaintiff, Michigan-Sealy, for a total of $122 million. Morton I. Kamien, testifying on behalf of the plaintiff, Michigan-Sealy, asserted that Sealy label products constitute a relevant submarket within the entire market and that, had the defendant, Sealy Inc., not used its "right of first refusal" to prevent Michigan-Sealy from acquiring the Sealy license in Des Moines, Iowa, in 1978, sales volume in the latter market area would have been some 45% higher and factory prices 33% lower.