23/01/2002

The former chairman of Sotheby's, A. Alfred Taubman, claims that during the antitrust trial held in November 2001 in New York against the auction house, jurors unfairly focused on his 12 meetings with Sir Anthony Tennant, the former head of Christie's. Taubman was convicted in December of fixing seller's commissions in a conspiracy with Christie's and has now filed a motion (dated 7th of January) for a retrial. In the motion, Taubman states that the jury's conclusion was influenced by insufficient evidence of his guilt, namely date-book entries of the 12 meetings. Taubman maintains that he and Tennant had met solely for social or legal business reasons. At the trial, Taubman's lawyers attempted to ask the jury to avoid concluding that the meetings were focused on anything other than legitimate discussions. The court, however, did not permit the lawyer's instructions to the jurors. In addition, Taubman claims that at the trial, the federal government's lawyer inappropriately cited a centuries-old quote by the economist Adam Smith, which states that business meetings between those in the same trade generally result in "some contrivance to raise prices." This relatively ancient quote, claims Taubman, was deemed irrelevant in a 1984 federal court case (unrelated to the auction house antitrust case), and thus unfairly led the jury to its conclusion. (Reena Jana)