Day 009 - 08 Jul 94 - Page 41


     
     1        technical information from the US.  So that if you were to
              go through a similar exercise anywhere else, all the facts
     2        and all the figures would not be the same.
 
     3   Q.   Why is that?  I thought Perseco in Europe was part of the
              same company?
     4        A.  Yes.
 
     5   Q.   So you could, I mean, you have all the technology; you
              just have to send a few papers over to this country?
     6        A.  Remember that Perseco, what they are is they are a
              purchasing administration company.  They do not, they are
     7        material neutral.  They have no -- not only do they have
              no ownership in McDonald's, they have no ownership of
     8        anybody in the supplier community.
 
     9        So they work with the manufacturing community, but they do
              not make anything, so they cannot just go out there and
    10        say:  "Well, we will make foam packaging" because they do
              not own any plants.
    11
         Q.   I thought both you and Mr. Kouchoukos have said that if
    12        McDonald's tells Perseco to do something, they will do it?
              A.  Yes, within the powers that they have.  However, they
    13        are not a manufacturing facility.  They do not build
              buildings and they do not make packaging.
    14
         MR. JUSTICE BELL:  Could I just understand?  You said,
    15        reasserted, at the beginning of today that there were four
              criteria:  Environment, customer impact, operational
    16        efficiency, costs and availability?
              A.  Correct.
    17
         Q.   Are you saying that an assessment of those factors would
    18        be made in the States and you would you come up with
              answer A?
    19        A.  Yes.
 
    20   Q.   If you make an assessment of those four factors in the UK,
              you may come up with answer A, or you may come up with
    21        answer B; is that what you are saying?
              A.  That is what I am saying, and in this case here I just
    22        underscore the phrase "availability", so you have to take
              a look at the availability of manufacturing, and so on,
    23        which is different.
 
    24   MISS STEEL:  We will ask Mr. Oakley about that one.  Just a
              small point:  Has McDonald's ever used the term
    25        "styrofoam" to describe its polystyrene foam packaging?
              A.  Not that I am aware of. 
    26 
         Q.   But it is a well used phrase in the United States, is it 
    27        not?
              A.  It is a -----
    28
         Q.   A slang term or whatever?
    29        A.  It is a well used misused phrase, yes, one in which
              Dow Chemical is working very hard.  It is their trademark
    30        name; they are working very hard to protect their
              trademark.

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