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- International Antitrust Law (15)
- James A. Rahl (13)
- International Competition Law (10)
- Antidumping Law (2)
- Tax Law (2)
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- Atomic Energy Law (1)
- Cartel Regulation (1)
- Cartels (1)
- Chicago School; International Competition; Mergers; Bigness (1)
- Commission for the European Communities; Takeover Bids; Harmonization (1)
- Commission of the European Communities; Cross-border mergers; Stock Purchases; Merger Control (1)
- Commission of the European Communities; Internal Market; Harmonization of Indirect Taxation (1)
- Competition in the Uranium Market (1)
- Consumpation Taxes (1)
- Court of Justice of the European Communities; European Economic Communities; European Coal and Steel Communities; European Atomic Energy Communities (1)
- European Community; Internal Market; Free Trade Area (1)
- European Community; Internal Market; Treaty Establishing the European Economic Community; (1)
- European Community; Liberalization of Capital Movements; Internal Market; Financial Services (1)
- European Company Law; European Economic Community; Single European Act in 1986; European Company Statute (1)
- European Competition Law (1)
- European Economic Community; Common Market; Treaty of Rome of 1958 (1)
- Export Exemptions (1)
- Export Rebates (1)
- Financial Services Industry (1)
- Foreign Competition; Antitrust Law; Anti-merger Law; Market Mechanism of International Trade (1)
- Foreign Direct Investment; Open Investment Policy; National Security (1)
- Foreign Sovereign Immunity (1)
- Free Trade Law (1)
- German Futures Exchanges (1)
- German Futures Regulation (1)
Articles 1 - 30 of 38
Full-Text Articles in Law
Towards The Harmonization Of Ec-Member States' Regulations On Takeover Bids: The Proposal For A Thirteenth Council Directive On Company Law, Nathalie Basaldua
Towards The Harmonization Of Ec-Member States' Regulations On Takeover Bids: The Proposal For A Thirteenth Council Directive On Company Law, Nathalie Basaldua
Northwestern Journal of International Law & Business
In its White Paper Program advocating the removal of all remaining internal barriers in the Common Market by 1992, the Commission for the European Communities ("Commission") expressed a need for harmonizing the laws of the Member States on takeover bids and announced that it would be bringing forward a proposal for a directive on this subject. Urged by the European Parliament and after consultations with experts from Member States and interest groups, the Commission adopted the Proposal for a Thirteenth Council Directive on Company Law concerning takeover and other general bids (the "Proposal" or "proposed Directive"). Before this text enters …
The Role Of National Antitrust Laws In The Promotion Of International Competition, James R. Atwood
The Role Of National Antitrust Laws In The Promotion Of International Competition, James R. Atwood
Northwestern Journal of International Law & Business
Professor Rahl's international antitrust challenge is a first-class, pocket-sized introduction to a debate that has run for decades and yet shows no signs of exhaustion. The piece echoes many of the themes of Professor Rahl's important 1974 Cornell article, while bringing new freshness and vigor to the problem. His challenge demonstrates, in a few simple pages, that the scores of books and hundreds of articles of the last fifteen years have still not resolved key policy questions on the role of national antitrust laws in international commerce.
Antitrust And The Future: World Markets, Transnational Restraints, Eleanor M. Fox, Lawrence A. Sullivan
Antitrust And The Future: World Markets, Transnational Restraints, Eleanor M. Fox, Lawrence A. Sullivan
Northwestern Journal of International Law & Business
In the last decade we have seen a new internationalization of business and a new internationalization of competition/industrial policy. The internationalization of business has led to lively, and some would say destructive, competition within the United States. The internationalization of competition/industrial policy could invite a return of world cartels.
Fortress Europe: The Myth, Martin Bangemann
Fortress Europe: The Myth, Martin Bangemann
Northwestern Journal of International Law & Business
The anticipation of the 1992 continental-wide market has already had an unexpected effect: one-third of the average 3.7% increase in economic growth of the European Community for 1988 is the result of investors anticipating the big market. This is the clearest signal the business community could make to show its confidence in Europe. This is the beginning of the most extensive exercise of deregulation the European Community has experienced since its creation in the 1950s. Everybody agrees that it is an irreversible trend. Long gone is the "benign neglect" of those on Wall Street and Pennsylvania Avenue that led the …
Ec Merger Control In The 1990s: An Overview Of The Draft Regulation, Frank L. Fine
Ec Merger Control In The 1990s: An Overview Of The Draft Regulation, Frank L. Fine
Northwestern Journal of International Law & Business
The wave of mergers and acquisitions experienced during the last several years in the United States is now on its way to Europe. The Commission of the European Communities ('Commission') recently reported that cross-border mergers and stock purchases of majority shareholdings in the European Community ('EC' or 'Community') have surged from 29 in 1983-1984 to 52 in 1985-1986. Acquisitions by non-EC companies, particularly United States and Japanese firms, are also likely to increase dramatically. The Community has become a field ripe for merger activity largely because both European and non-European companies are keen to position themselves in anticipation of '1992,' …
Merger Policy And Industrial Policy , Keith Cowling
Merger Policy And Industrial Policy , Keith Cowling
Northwestern Journal of International Law & Business
The article by Adams and Brock is a welcome and important antidote to current government thinking about merger policy, both in the United States and in Europe. In both regions, the government approach presumes the efficiency-creating properties of mergers and, therefore, adopts an extremely permissive stance. The declared imperative of international competitiveness echoes the view towards mergers which prevailed in Europe during the 1960s. However, while the analysis of Adams and Brock is both important and correct, I believe it is also incomplete. If bigness is a problem created largely by the laxity of past merger policy, then it is …
Banking Integration In The European Community, George Zavvos
Banking Integration In The European Community, George Zavvos
Northwestern Journal of International Law & Business
The aim of this Article is to outline and assess the Community's strategy for the banking sector by highlighting the philosophy and the context shaping its actions. In addition, this Article will attempt to show that the Commission's various proposals, particularly the Second Banking Coordination Directive ("Second Directive"), take account of the continuing tension of, on the one hand, achieving more efficient banking systems through increased competition and, on the other hand, the absolute need for prudential supervision, enhancing the financial stability of the banks and public confidence in the banking systems. Finally, this article looks at the Community's policy …
Indirect Taxation And 1992, Michel V.M. Van Beek
Indirect Taxation And 1992, Michel V.M. Van Beek
Northwestern Journal of International Law & Business
Since June 1985, when the Commission of the European Communities ("Commission") presented to the European Council its "White Paper" on completing the Internal Market by the elimination of physical, technical, and fiscal barriers inside the European Communities ("EC" or "Community"), the harmonization of indirect taxation has become a main topic in the European press. In this article an attempt will be made to clarify the impact of indirect taxation, or more correctly, the obstacles created by indirect taxes to the realization of the Internal Market, by looking at the past, the present and the future. However, what indirect taxes create …
Japan And The Bigness Mystique, Gary R. Saxonhouse
Japan And The Bigness Mystique, Gary R. Saxonhouse
Northwestern Journal of International Law & Business
Walter Adams and James Brock are correct. There is little overseas evidence to support the proposition that there is a close link between international competitiveness and firm size. As Adams and Brock point out, the Japanese experience, in particular, highlights the absence of any intimate connection between these variables. The distinctive vitality of Japan's small-scale sector is a very old story. Whether it is the last decades of the Tokugawa period (1600-1868), the Meiji period (1868-1912), the Taisho period (1912-1926), or the Showa (1926-1989) period, commentators have invariably noted the surprising persistence of Japan's smaller-scale enterprises. Where once they were …
The Bigness Mystique And The Merger Policy Debate: A Comment From West Germany, Ingo L.O. Schmidt
The Bigness Mystique And The Merger Policy Debate: A Comment From West Germany, Ingo L.O. Schmidt
Northwestern Journal of International Law & Business
After eight years of an antitrust policy dominated by the principles of the Chicago School, which is better characterized as a protrust merger policy, the United States and the European Community are confronted with a new wave of mergers. The arguments for mergers are the same as in the 1960s: merger-induced bigness promotes international competition, efficiency, and technological progress. In this context, Adams and Brock in their excellent analysis ask the right questions. But did merger-induced corporate giantism provide salvation for European industry? Did it provide world-class competitiveness? Was it a success and a model of industrial policy worthy of …
Will There Be A Single European Community Insurance Market After 1992?, William E. Pool
Will There Be A Single European Community Insurance Market After 1992?, William E. Pool
Northwestern Journal of International Law & Business
There is a great deal of talk nowadays within each of the twelve Member States of the European Community, and outside too, about 1992. People are saying: "We must be ready for 1992, when the barriers will fall, and the Community's single Internal Market will come about." It all makes splendid headlines for the press, and it has caught the public's imagination. Nothing is new, of course, about the idea of creating a single Common Market among the Member States. Doing so is a fundamental objective of the Treaty of Rome of 1958, which founded the European Economic Community ("EC" …
Does Exposure To International Trade Justify Relaxed Antitrust Treatment Of Mergers, William James Adams
Does Exposure To International Trade Justify Relaxed Antitrust Treatment Of Mergers, William James Adams
Northwestern Journal of International Law & Business
When industries are exposed to foreign competition, relaxation of antitrust law in general, and of antimerger law in particular, may be justified in two ways. First, it may be argued that the ability to compete with foreigners requires possession of market power. One variant of this argument stresses the desirability of market power itself. Domestic enterprises must neutralize restrictive practices abroad -- whether they are inspired by foreign governments or merely tolerated by them -- if such enterprises are to enjoy their "natural" comparative advantages. A second variant of the argument emphasizes the growth of minimum efficient scale in manufacturing, …
Putting 1992 In Perspective, Mark L. Jones
Putting 1992 In Perspective, Mark L. Jones
Northwestern Journal of International Law & Business
The United States has vital economic, political and military stakes in the twelve member nations of the European Community ("EC" or "Community"). A review of the 1987 statistics regarding United States exports and United States foreign direct investment demonstrates the continued economic importance of the EC nations for the United States. The Community is currently carrying out an ambitious program to complete the EC "Internal Market" by 1992. This program calls for the Community to adopt almost 300 legislative measures aimed at eliminating the remaining barriers to the free movement of goods, persons, services and capital between the Member States. …
Towards A European Company Law, Dominique Carreau, William L. Lee
Towards A European Company Law, Dominique Carreau, William L. Lee
Northwestern Journal of International Law & Business
The prospect of creating a genuine "European" company law was raised as early as 1959, just two years after the signing of the Treaty of Rome establishing the European Economic Community. Curiously, the initiative was taken by practitioners and scholars and not by the business community, which expressed little interest in such an innovation at that time. The first steps were taken by the French Notaries Public who, at their 57th Annual Congress, suggested that it might be desirable "to adopt, by means of an international convention, a comprehensive company law, probably restricted to societes anonymes (large, publicly held [French] …
Court Of First Instance Of The European Communities, Gordon Slynn
Court Of First Instance Of The European Communities, Gordon Slynn
Northwestern Journal of International Law & Business
The Court of Justice of the European Communities ("Court of Justice") deals with questions arising under the Treaties establishing the European Economic, the European Coal and Steel, and the European Atomic Energy Communities (collectively the "Treaties"). In 1962, its law reports ran to 512 pages, already double the number in 1959. In 1985, they comprised 4,050 pages. In 1962, 62 cases were brought before the Court; in 1985, the number had risen to 433. Not surprisingly cases coming before the Court took longer to resolve -- the period from lodging the action to judgment had slipped from nine months to …
Problem Of Mergers, H.W. De Jong
Problem Of Mergers, H.W. De Jong
Northwestern Journal of International Law & Business
Mergers and takeovers are again the order of the day. In North America, Europe, Australia, Africa and East Asia, firms try to combine, to take over, and to cooperate in joint-ventures. The combination phenomenon has risen spectacularly during the past few years. The European Community Competition Policy Reports also document an appreciable rise in acquisitions of minority holdings and in joint ventures, both of which have more than doubled during the past six years. This evidence, which could easily be multiplied, points towards one general characteristic of the merger and takeover phenomenon: mergers, takeovers and other combinations occur in waves, …
Joint Venture Law In The Soviet Union: The 1920s And The 1980s, Adam J. Albin
Joint Venture Law In The Soviet Union: The 1920s And The 1980s, Adam J. Albin
Northwestern Journal of International Law & Business
Soviet law has only permitted the establishment of joint ventures within the Union of Soviet Socialist Republics (USSR) during two separate periods. Similar political and economic considerations were major catalysts for the enactment of both joint venture laws, as well as for the similar themes running through them, though the periods are separated by approximately sixty-five years. Examination of both situations, instead of merely the present one, not only will provide a broader perspective of how the Soviets view joint ventures themselves, but will illustrate how Soviet legislation itself has evolved in considering free-market economic principles.
Professor And Dean James A. Rahl, David S. Ruder
Professor And Dean James A. Rahl, David S. Ruder
Northwestern Journal of International Law & Business
Professor and former Dean James A. Rahl has been an important part of Northwestern University School of Law for fifty years. It is a great pleasure to recount the admirable record of this dedicated person whose scholarship, good humor, and general leadership have presented a model for lawyers, law students, and law faculty for so many years.
An International Antitrust Challenge, James A. Rahl
An International Antitrust Challenge, James A. Rahl
Northwestern Journal of International Law & Business
Most of the developed nations outside the Communist bloc profess competition and antitrust as basic features of economic policy. But faith in the value of competition, vigorous though it may be in protection of the domestic economy, weakens or disappears entirely when nations face outward in their exports and sales in foreign markets.
Introduction To Rahl Symposium, Joel Davidow
Introduction To Rahl Symposium, Joel Davidow
Northwestern Journal of International Law & Business
This Symposium deals with one of the central questions in James Rahl's illustrious academic career-how to preserve and improve inter- national competition. That issue can be viewed as one of competition policy, trade policy, or antitrust enforcement. This Symposium deals only with the third topic, but the first two issues set the legislative context, which is often crucial.
Competition Of Competition Laws, Karl M. Meessen
Competition Of Competition Laws, Karl M. Meessen
Northwestern Journal of International Law & Business
The situation is succinctly described by Professor Rahl. There are indeed inconsistencies in competition policy, law, and enforcement. One cartel, tolerated or even endorsed by the exporting state, may fall subject to the verdict of the competition law of the importing state. States do not seem to remember that they adopted the resolution containing the Code on Restrictive Business Practices ("RBP Code") by way of consensus, thereby pledging to take "appropriate action" against restrictive business practices "adversely affecting international trade, particularly that of developing countries ...."
The Janus-Face Of Competition Policies, Kurt Stockmann
The Janus-Face Of Competition Policies, Kurt Stockmann
Northwestern Journal of International Law & Business
Professor Rahl's critical statement on competition policies unfortunately is accurate. Where such policies have been adopted and implemented, they are two-faced like the Roman god of time, one face looking at the domestic market and the other at the markets of the rest of the world. As far as the domestic market is concerned, the policies that are formulated are, in general, reasonably consistent with the adopted basic principles of effective competition. Of course, in many countries there are still regulations, exemptions, and exceptions that are not easily compatible with these principles, and implementation is sometimes even more difficult. In …
International Competitive Harm And Domestic Antitrust Laws: Forms Of Analysis, David J. Gerber
International Competitive Harm And Domestic Antitrust Laws: Forms Of Analysis, David J. Gerber
Northwestern Journal of International Law & Business
Professor Rahl has focused this Symposium on the potential harms to states and to the international economic and political systems caused by export exemptions to antitrust laws. The problem is that states generally apply their antitrust laws only to conduct that affects their own territory. Assuming that anticompetitive conduct produces harmful effects somewhere, a state's decision not to apply its antitrust principles to ex- port conduct encourages competitive harm at the international level ("international competitive harm") by increasing incentives for businesses to engage in such conduct. The question Professor Rahl poses, therefore, is: How can we explain this problem, and …
International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood
International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood
Northwestern Journal of International Law & Business
It is no accident that many of the most provocative disputes about the allocation of jurisdiction among nations have arisen in antitrust cases.' Because antitrust regulates the competitive process, and because competition itself never remains neatly within the boundaries of individual countries, the inevitable result is that more than one nation can and does assert the right to prescribe mandatory rules of conduct. This in turn leads to a pressing need to develop rules for the resolution of those jurisdictional conflicts, a need made even more urgent by the absence of a choice of law solution to the problem in …
International Restraints Of Competition: A Regulatory Outline, Wernhard Moschel
International Restraints Of Competition: A Regulatory Outline, Wernhard Moschel
Northwestern Journal of International Law & Business
The international nature of economic activity runs parallel with the international nature of restraints on competition. Cartel agreements, mergers, and even unilateral measures, such as calling for a boycott, can have effects that cross national borders. In contrast, the actual enforcement of an individual state's laws is confined to that state's territory. Due to this divergence, loopholes have arisen in the endeavors to combat restraints on competition. In principle, there are two possible approaches to finding a solution to this problem. One is international, the other national. Each includes a number of variations.
We Need More "Old-Time Relglion": A Response To Jim Rahl, Douglas E. Rosenthal
We Need More "Old-Time Relglion": A Response To Jim Rahl, Douglas E. Rosenthal
Northwestern Journal of International Law & Business
Jim Rahl believes in the old-fashioned religion of open global markets and free international competition, uncontaminated by private or public restraints. He has pursued this goal brilliantly, aggressively, and consistently for more than thirty years. While the problem Jim presents in this issue indicates his frustration that we are still far from achieving the goal, it is in no small part thanks to him, and the force of his scholar- ship and advocacy, that some real progress has been made.
European Community Competition Law And Member State Action, John Temple Lang
European Community Competition Law And Member State Action, John Temple Lang
Northwestern Journal of International Law & Business
Article 90 of the European Economic Community Treaty ("Treaty") prohibits member states from authorizing or ordering behavior infringing upon European Economic Community ("Community") antitrust law, even in the case of state enterprises. Indeed, Community law does not include a state action doctrine. However, it is not yet clear to what degree this prohibition prevents member state measures having competition-restricting effects. This article considers that question.
Harmonization: A Doctrine For The Next Decade, Mark R. Joelson
Harmonization: A Doctrine For The Next Decade, Mark R. Joelson
Northwestern Journal of International Law & Business
I share much of Professor Rahi's assessment of the present situation and his desire for a resolution that will recognize the interdependence of the world's economies and give to everyone the benefits of competition. The last forty years or so of experience in international antitrust instruct us, however, that there is no "quick fix" in this regard and, indeed, that we antitrust lawyers cannot impose any system, whether it be a Havana Charter or an unbridled national doctrine of extraterritoriality, on a world that is not economically or politically ready for it. We will just have to be patient and …
Gatt And The Half-Life Of Uranium Industry Protection, James R. Wilch
Gatt And The Half-Life Of Uranium Industry Protection, James R. Wilch
Northwestern Journal of International Law & Business
The uranium market can never truly be "free," however. Because uranium has few metallurgical uses, and because there is a real danger of weapons-grade uranium falling into irresponsible hands, non-proliferation restraints and tight safety regulation are required on uranium trade. Nevertheless, this Comment will show that civilian uranium trade policy can be formulated to resolve the tension between GATT, and military security and nonproliferation interests.
Beware Of Japanese Negotiation Style: How To Negotiate With Japanese Companies, Danian Zhang, Kenji Kuroda
Beware Of Japanese Negotiation Style: How To Negotiate With Japanese Companies, Danian Zhang, Kenji Kuroda
Northwestern Journal of International Law & Business
This Article discusses various negotiation styles and tactics unique to the Japanese company staff in international transactions. The authors also intend to offer some suggestions as to how one might bridge the differences between U.S. and Japanese negotiators. We hope that this Article will be useful for those who have participated in or will participate in business negotiations with Japanese companies.