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Pronuptia De Paris V. Schillgalis: Permissible Restraints Of Trade On Franchising In The Eec, Eileen R. Hurley
Pronuptia De Paris V. Schillgalis: Permissible Restraints Of Trade On Franchising In The Eec, Eileen R. Hurley
Northwestern Journal of International Law & Business
This Note examines the Pronuptia decision for the legal definition and substantial support it gives to the franchising concept. 14 When compared to the Court's prior decision in Etablissements Consten SARL and Grundig-Verkaufs-GmbH v. Commission, 5 Pronuptia is seen to promote a more liberal interpretation of the EEC Treaty's competition article, Article 85. However, Pronuptia falls short of the advances made in Nungesser KG v. Commission,16 because some territorial restraints allowed under Article 85(1) in that case were not permitted in Pronuptia. The Court's approach in Pronuptia to the doctrine of ancillary restraints is also discussed. Use of this doctrine …
Like Bamboo Shoots After A Rain: Exploiting The Chinese Law And New Regulations On Sino-Foreign Joint Ventures, Zhang Yuqing
Like Bamboo Shoots After A Rain: Exploiting The Chinese Law And New Regulations On Sino-Foreign Joint Ventures, Zhang Yuqing
Northwestern Journal of International Law & Business
The purpose of this Article is to describe the general legal framework for establishing an equity joint venture in China, and to analyze the effect of these laws and regulations on Sino-foreign equity joint ventures. In order to make this Article of most practical use, a discussion of the recently promulgated Chinese laws and regulations is included.