Abstract
In July 1970 the United States Department of Justice accused the American Society of Mechanical Engineers (ASME) of violating the Sherman Antitrust Act and of acting in restraint of trade by restricting the ASME Certificate of Authorization and the use of the Code Symbol Stamps to boilers and pressure vessels manufactured in the United States and Canada. During the succeeding two years attorneys for the parties in the case formulated a Consent Decree without a public confrontation in the Court. Furthermore, the membership of ASME was kept uninformed until October of 1972, after the Consent and Final Judgment had become effective and new procedures had been developed for allowing foreign manufacturers to apply the ASME Code Symbol Stamps to their products. As a consequence, a breakdown in engineered safety standards has been sanctioned and this is undermining the engineering profession's overriding responsibility to protect the public health and safety. This breakdown of professional responsibility is especially serious in the new technology of atomic power. American insurance companies, which have traditionally written 100% insurance coverage for property damage and third party liability against explosions of high pressure steam boilers bearing the ASME Code Stamp, have refused to write such insurance coverage on nuclear reactors. In the author's opinion there is evidence that the Consent was formulated under collusive proceedings and he calls on the members and the Council of ASME to appeal for dismissal of the Consent Decree.
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