Enron Mail

From:lara.leibman@enron.com
To:richard.shapiro@enron.com
Subject:antitrust
Cc:
Bcc:
Date:Thu, 16 Nov 2000 10:15:00 -0800 (PST)

Rick,

Just wanted to give you a "heads up" that I will be digging around the DOJ
regarding satellite issues as we have a potential antitrust issue on that
front. According to Fred Enochs (runs the satellite book for Fallon),
satellite providers (and there are only a few of them to begin with) will not
sell capacity to EBS unless we agree to their contractual terms regarding
resale -- i.e., we cannot resell any satellite capacity that the provider
sells to EBS. As we are interested in trading satellite capacity, this type
of restriction prevents players like EBS from creating/entering new markets
for resale. I have already touched base with Jade and she has promised to
find the appropriate person for me to talk to.

FYI: Fallon would like to see this prohibition attacked as well. The three
of us have discussed it. I advised Fred that I would need either a contract
from one of the providers that includes the restrictive language or some
correspondence (e-mail or regular mail) that documents this activity; he is
working on it. As it turns out, Jamie Ginsberg's new company contacted EBS
about satellite capacity and she related similar information to Fred
regarding her own experiences with satellite providers. As a result, we may
be able to gather some useful information from her that we could reference at
the DOJ to support our case.

I'll keep you posted as further developments arise.

Hope you're enjoying San Antonio.

Lara

P.S.
Are you around at all tomorrow or next week?