Repository: UIHistories Project: Board of Trustees Minutes - 1982 [PAGE 571]

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560

BOARD OF TRUSTEES

[June 17

CALL TO EXECUTIVE SESSION

President Stone, referring to Section Two of the Open Meetings Act, stated: "A motion is now in order to hold an executive session to consider information regarding the appointment, employment, or dismissal of employees or officers, and to discuss pending, probable, or imminent litigation against or on behalf of the University, and to discuss the acquisition of real property." The motion was made by Mr. Howard and approved by the following vote: Aye, Mrs. Day, Dr. Donoghue, Mr. Forsyth, Mr. Hahn, Mr. Howard, Mr. Madden, Mr. Neal, Mrs. Shepherd, Mr. Stone; no, none; absent, Governor Thompson. (The student advisory vote was: Aye, Mr. Bandala, Mr. Bettenhausen, Mr. Persons; no, none.) The following matters were reported upon or acted upon as indicated:

Report on Searches

President Ikenberry, meeting alone with the trustees, reported briefly on the current status of the searches for a chancellor of the University of Illinois at Chicago and for a vice president for academic affairs.

Litigation Initiated by Flip Side Productions, Inc.

(1) Antitrust litigation has been initiated in the United States District Court for the Northern District of Illinois (Civil Action #82-C-3684) by Flip Side Productions, Inc., seeking treble damages, injunctive relief, costs, and attorney's fees under the federal Clayton and Sherman Antitrust Acts for alleged monopolization and conspiracy to monopolize, and unreasonably restrain trade in connection with the production and presentation of entertainment events in the Chicago metropolitan area market. In addition to the University of Illinois, the defendants include J a m Productions, Ltd., Chicago Jam, Inc., their alleged owners, Jerry Michelson and Arnie Granat, and the Village of Rosemont which owns the Horizon located in that village. T h e complaint alleges that Jam Productions, Ltd., and Chicago Jam, Inc., its affiliate, have acquired exclusive leases at the Horizon, the Chicago Circle Pavilion, and other locations which are essential facilities for the promotion of concerts in the Chicago metropolitan area, the effect of which has been to drive the plaintiff out of the business of promoting concerts. Pursuant to prior board authorization the University has entered into a contract with Chicago J a m Concerts, Inc. (probably misnamed in the complaint as "Chicago J a m , Inc.") to produce and present entertainment events at the Chicago Circle Pavilion. T h e complaint further alleges that the defendants, Jam Productions, Ltd., and Chicago Jam, Inc., have monopolized the relevant market through its exclusive licenses and seeks damages in an amount in excess of $1,000,000. It is also alleged that all of the defendants have conspired to monopolize the relevant market for promotion of concerts and have conspired to effect an unreasonable restraint of trade, for which damages in an amount in excess of $3,000,000 are sought. T h e university counsel has recommended that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interest of the University in this matter and to defend the action. I concur.

On motion of Mr. Howard, authority was given as recommended by