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Author: Hendrik. Zwarensteyn Publisher: Springer Science & Business Media ISBN: 940174467X Category : Law Languages : en Pages : 183
Book Description
General While there is an abundance of literature dealing with the American antitrust laws, one can also observe that the application of this area of the law to foreign commerce is still in an evolutionary stage of development. To some extent this can be quantiflably explained by pointing out that the rapid rise of the interests of the American business community in foreign commerce is only a fairly recent 1 phenomenon. This participatory interest reveals a wide spectrum of commercial activities. While the traditional concept of foreign commerce was often limited to thinking in terms of exports and imports, present commercial activities include also such marketing methods as the establishment of foreign branches or subsidiaries, or 2 the location of manufacturing, processing, or assembly plants abroad. To this array of arrangements, most of which contemplate a widening of the market potential, we may add the current merger movement, the conglomerate charac ter of which has been termed its 'most unique characteristic,. 3 Little wonder that at least one author refers to the application of the 311titrust laws to foreign commerce as being still somewhat of a 'frontier area of the law'. 4 Because of the rapidly expanding participation of the American business community in interna tional commerce a gradual evolution of the international dimensions of the American antitrust laws seems therefore within the realm of justifIed expecta tions.
Author: Hendrik. Zwarensteyn Publisher: Springer Science & Business Media ISBN: 940174467X Category : Law Languages : en Pages : 183
Book Description
General While there is an abundance of literature dealing with the American antitrust laws, one can also observe that the application of this area of the law to foreign commerce is still in an evolutionary stage of development. To some extent this can be quantiflably explained by pointing out that the rapid rise of the interests of the American business community in foreign commerce is only a fairly recent 1 phenomenon. This participatory interest reveals a wide spectrum of commercial activities. While the traditional concept of foreign commerce was often limited to thinking in terms of exports and imports, present commercial activities include also such marketing methods as the establishment of foreign branches or subsidiaries, or 2 the location of manufacturing, processing, or assembly plants abroad. To this array of arrangements, most of which contemplate a widening of the market potential, we may add the current merger movement, the conglomerate charac ter of which has been termed its 'most unique characteristic,. 3 Little wonder that at least one author refers to the application of the 311titrust laws to foreign commerce as being still somewhat of a 'frontier area of the law'. 4 Because of the rapidly expanding participation of the American business community in interna tional commerce a gradual evolution of the international dimensions of the American antitrust laws seems therefore within the realm of justifIed expecta tions.
Author: John R. Lacey Publisher: ISBN: Category : Law Languages : en Pages : 148
Book Description
This publication explores the use of legislation to alter or abolish the Act of STate Doctrine, and the attempts by the United States to apply its laws to American-owned multinational corporations operating in other countries.
Author: Association of the Bar of the City of New York. Special Committee on Antitrust Laws and Foreign Trade Publisher: ISBN: Category : Antitrust law Languages : en Pages : 40
Author: Richard Allen Epstein Publisher: American Enterprise Institute ISBN: 9780844742014 Category : Business & Economics Languages : en Pages : 428
Book Description
Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.
Author: Guillermo Cabanellas Publisher: ISBN: Category : Law Languages : en Pages : 204
Book Description
This book tackles the problem of determining which national or supranational laws will be applicable to international transfer of technology transactions. It therefore is of particular interest to practitioners in this field, who will find it helpful for drafting and negotiating international transfer of technology contracts. The study focuses on the extraterritorial effects of antitrust laws as they have been developed and applied in the United States and the European Economic Community, taking into consideration, where necessary, other antitrust systems from a comparative perspective. The author′s analysis of the problem reveals that an adequate equilibrium between the different legal systems involved may be attained through the application of certain basic general principles of international law. To this extent, the book constitutes an important contribution to the general doctrine of international antitrust law. Cabanellas is also author of the book ′Antitrust and Direct Regulation of International Transfer of Technology Transactions′ (IIC Studies, Volume 7. 1984. 175 pages. DM 68,–. VCH Verlagsgesellschaft, Weinheim). This book gives a comprehensive overview of the rules that apply directly to the international transfer of technology and compares them with the rules that apply to such transactions under antitrust and
Author: Herbert Hovenkamp Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The Ninth Circuit may soon consider whether challenges to antitrust activity that occurs abroad must invariably be addressed under the rule of reason, which will make criminal prosecution difficult or impossible. When antitrust cases involve foreign conduct, the courts customarily appraise its substantive antitrust significance only after deciding whether the Sherman Act reaches the activity. Nevertheless, "jurisdictional" and "substantive" inquiries are not wholly independent. Both reflect two sound propositions: that Congress did not intend American antitrust law to rule the entire commercial world and that Congress knew that domestic economic circumstances often differ from those abroad where mechanical application of domestic antitrust decisions would make little economic, political, or social sense. The purpose of the distinction between the per se rule and rule of reason is to identify and distinguish situations where anticompetitive effects can be assessed at relatively low administrative costs from those that require more complete analysis. The Ninth Circuit has spoken of a "jurisdictional" rule of reason. However, merging considerations of comity, foreign interests, and domestic effects from extraterritorial conduct into questions about market definition and competitive impact unnecessarily complicates a set of queries that are already sufficiently complex and are in fact quite different from one another. One rationale for expansive reach when foreign anticompetitive activity causes domestic injury is that the sovereign representing purchasers typically has a greater interest than the sovereign representing sellers. A cartel in one country fixing the price of goods for export transfers wealth away from the territory containing the buyers and toward the territory containing the sellers. Sovereigns, including the United States, have typically been less concerned with condemning restraints on export trade where all the buyers are foreign than with restraints on imports. This aspect of United States policy is reflected in the Foreign Trade Antitrust Improvements Act (FTAIA) as well as the Restatement (Third) of the Foreign Relations Law of the United States. At the same time, however, the "effects" query takes on additional relevance in cases involving extraterritorial conduct, because legislative jurisdiction under the Commerce Clause or statutory reach under the Sherman Act or FTAIA require some harmful effect in the United States. Thus, for example, a naked cartel abroad can be made subject to a criminal indictment and per se treatment. However, the government must show a sufficient effect justifying invocation of United States law. Nevertheless, requiring this effect is quite different from requiring full rule of reason treatment for naked cartel activity.
Author: Hendrik. Zwarensteyn
Author: Hendrik. Zwarensteyn
Author: Erik Nerep
Author: Heinrich David Kronstein
Author: John R. Lacey
Author: Association of the Bar of the City of New York. Special Committee on Antitrust Laws and Foreign Trade
Author: Richard Allen Epstein
Author: Guillermo Cabanellas
Author: Vladimir Pavic
Author: Joseph P. Griffin
Author: Herbert Hovenkamp