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Like Father, Like Son: A Progeny Of The Antidumping Model For The Shipbuilding Industry, Seung Wha Chang Jan 2003

Like Father, Like Son: A Progeny Of The Antidumping Model For The Shipbuilding Industry, Seung Wha Chang

Michigan Journal of International Law

This Article is organized in the following manner: Part II introduces the OECD Secretariat's proposed pricing mechanisms based on the IPC antidumping model, while Part III provides for a critical evaluation of the proposed pricing mechanisms. First, Part III explains the reasons why the IPC antidumping model does not fit the shipbuilding industry due to the unique characteristic of the shipbuilding market. This Part thereafter demonstrates why the antidumping regime, as well as the proposed pricing mechanism, cannot be justified under the competition policy standards. While criticizing defenses for the current antidumping regime, Part III demonstrates why the proposed pricing …


Protection Against Unwarranted Searches And Seizures Of Corporate Premises Under Article 8 Of The European Convention On Human Rights: The Colas Est Sa V. France Approach, Marius Emberland Jan 2003

Protection Against Unwarranted Searches And Seizures Of Corporate Premises Under Article 8 Of The European Convention On Human Rights: The Colas Est Sa V. France Approach, Marius Emberland

Michigan Journal of International Law

In this Article, the author considers the judgment delivered April 16, 2002, by the European Court of Human Rights in the case of Colas Est SA v. France. The judgment concerned the interpretation of Article 8 of the European Convention on Human Rights (ECHR), which provides: (1) Everyone has the right to respect for his private and family life, his home and his correspondence. (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests …


The New Rules On Cross-Border Tender And Exchange Offers, Business Combinations And Rights Offerings: Competition Or Harmonization?, Julian T. Perlmutter Jan 2000

The New Rules On Cross-Border Tender And Exchange Offers, Business Combinations And Rights Offerings: Competition Or Harmonization?, Julian T. Perlmutter

Michigan Journal of International Law

This note introduces the Cross-Border Rules in the context of the rapidly changing securities markets and highly competitive regulatory systems noted above. It addresses the elements and impact of internationalization on cross-border tender offers and the modern U.S. regulatory response. The SEC has avoided any public moves to harmonize the U.S. system with those of other major capital markets and has instead made incremental changes aimed at maintaining the system's perceived strengths. The Cross-Border Rules represent a somewhat ungainly attempt to placate U.S. investors by bending the Williams Act tender offer rules using exemptions for certain transactions.


Convergence And Competition: The Case Of Bank Regulation In Britain And The United States, Heidi Mandanis Schooner, Michael Taylor Jan 1999

Convergence And Competition: The Case Of Bank Regulation In Britain And The United States, Heidi Mandanis Schooner, Michael Taylor

Michigan Journal of International Law

This Article consists of four main parts. Part I introduces the convergence by competition model as it applies to the regulation of financial institutions and sets the stage for the test case application of the model to the regulatory systems in the United States and United Kingdom. Part II provides a comparative history of bank regulation in Britain and the United States. Central to our argument is the proposition that, even in the presence of globalized financial markets and the opportunities for rule competition brought in their wake, the bank regulatory systems of the United States and Britain continue to …


Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck Jan 1997

Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck

Michigan Journal of International Law

Review of Fair Trade and Harmonization: Prerequisites for Free Trade? by Jagdish N. Bhagwati & Robert E. Hudec


Laws Separating Commercial Banking And Securities Activities As An Impediment To Free Trade In Financial Services: A Comparative Study Of Competitiveness In The International Market For Financial Services, Sarah A. Wagman Jan 1994

Laws Separating Commercial Banking And Securities Activities As An Impediment To Free Trade In Financial Services: A Comparative Study Of Competitiveness In The International Market For Financial Services, Sarah A. Wagman

Michigan Journal of International Law

By comparing U.S., Japanese, and European institutions' competitiveness in the international market for financial services, this Note focuses on the possible implications of the Glass-Steagall Act in the international trade context as a means of exploring some of the additional arguments which have emerged in favor of reforming U.S. bank regulation.


Competition And Antitrust Law In Central Europe: Poland, The Czech Republic, Slovakia, And Hungary, Carolyn Brezezinski Jan 1994

Competition And Antitrust Law In Central Europe: Poland, The Czech Republic, Slovakia, And Hungary, Carolyn Brezezinski

Michigan Journal of International Law

First, this article briefly introduces the antimonopoly laws and competition authorities created in the four post-communist Central European countries of Poland, the Czech Republic, Slovakia, and Hungary. Second, this article outlines the obligations and harmonization programs of the competition authorities under the Europe Agreements recently signed by each country. Third, this article assesses the role and importance of the antimonopoly laws and competition authorities in the post-socialist economic reforms currently underway. Fourth, this article describes proposals to amend the antimonopoly laws based on the initial period of their implementation. Finally, this article attempts to assess the post-reform role of both …


Bringing Down Private Trade Barriers- An Assessment Of The United States' Unilateral Options: Section 301 Of The 1974 Trade Act And Extraterritorial Applications Of U.S. Antitrust Law, Aubry D. Smith Jan 1994

Bringing Down Private Trade Barriers- An Assessment Of The United States' Unilateral Options: Section 301 Of The 1974 Trade Act And Extraterritorial Applications Of U.S. Antitrust Law, Aubry D. Smith

Michigan Journal of International Law

This note examines how the antitrust and trade law options operate, with the two-fold purpose of providing some idea of their potential effectiveness and also suggesting what limitations, if any, should be placed on their use. Parts I and II analyze the mechanics of applying the antitrust and Section 301 remedies to eliminate foreign trade-restrictive business practices. In light of this discussion of how the two processes work, Part III considers whether they are likely to get out of control and suggests how they ought to be restrained. Part III finds that Section 301 is subject to a number of …


The "1992 Project": Stages, Structures, Results And Prospects, Claus-Dieter Ehlermann Jan 1990

The "1992 Project": Stages, Structures, Results And Prospects, Claus-Dieter Ehlermann

Michigan Journal of International Law

The "1992 project" has radically changed the European Community. It has given the "common market" new impetus and has lifted the Community out of the deep crisis in which it was bogged down in the first half of the 1980s. The consensus which has been re-established amongst all the Member States through the "internal market" exercise was enshrined in the Single European Act and the acceptance of the Delors package in February 1988. The financial underpinning of the "1992 project," through the reform of the structural funds and the Community's finance system, has given the "internal market" exercise such credibility …


(Why) Should Nations Utilize Antidumping Measures?, Ross Denton Jan 1989

(Why) Should Nations Utilize Antidumping Measures?, Ross Denton

Michigan Journal of International Law

The purpose of this paper is to present arguments that may provide support for the continuation of the international antidumping regime, and in certain measure, for the continuation of national antidumping rules. It steers an often difficult course between advocating tighter controls on the use of antidumping actions as protectionist measures, and their use to prevent potentially harmful dumping. However, this paper does not attempt to define how to produce a rational antidumping-type system, but merely provides some standards for assessing whether that system is sensible.


A Labor View Of Industrial Policy, Henry B. Schechter Jan 1984

A Labor View Of Industrial Policy, Henry B. Schechter

Michigan Journal of International Law

This article discusses the following topics: secular economic decline, factors in the loss of U.S. competitive position, foreign industrial policies, a labor-endorsed legislative proposal for an industrial policy, and supplementary measures that are required for a successful industrial policy.


A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein Jan 1984

A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein

Michigan Journal of International Law

Part I of this note will examine the structure of the FSC, and analyze its potential benefits in light of the Domestic International Sales Corporation (DISC) tax incentive. Part II discusses the use of the unitary tax as a disincentive to direct foreign investment by U.S. corporations. Finally, Part III outlines the new export policy based upon a combination of the FSC export incentive and state unitary taxation of foreign-source income. If implemented, this policy would increase export production and discourage direct foreign investment, thereby making a substantial contribution to U.S. economic well-being.


Building The Case For Industrial Strategy, David E, Bonior Jan 1984

Building The Case For Industrial Strategy, David E, Bonior

Michigan Journal of International Law

The argument for an industrial strategy begins with the failures of present policies. The indictment is not concerned with the relative simplicity or elegance of competing economic theories but with actual results in the world marketplace. The case for an industrial strategy is not primarily about compassion, or about full employment, or even about economic growth. While we desperately need a compassionate economic policy, full employment, and sustained economic growth, these are goals. The industrial policy debate is not a debate about goals, but means. The argument rests on the premise that the old means must be changed because the …


Attacking The Trade Deficit, Dennis Unkovic Jan 1984

Attacking The Trade Deficit, Dennis Unkovic

Michigan Journal of International Law

In the United States (U.S.), policy planning for industrial development is not new. The federal government currently formulates and implements policies designed to foster the growth of the industrial sector. The current debate should not focus on the merits of a comprehensive national industrial policy over federal non-involvement, rather it should address the degree to which the federal government should become involved in specific areas affecting industrial development. This article will analyze the appropriate role for the federal government in its efforts to eliminate the current U.S. balance of trade deficit.


Introduction: Transnational Corporate Concentration-The Issues, Thomas E. Kauper Jan 1981

Introduction: Transnational Corporate Concentration-The Issues, Thomas E. Kauper

Michigan Journal of International Law

Competition policy in the United States, particularly reflected in antitrust policy, in recent years has focused on corporate structure. To some, this emphasis simply reflects a belief in a close correlation between corporate structure and behavior. A single firm monopoly inevitably will restrict output and raise prices above levels that would prevail under competition conditions, distorting allocative efficiency. The behavioral pattern is a direct consequence of structure. Many believe that high corporate concentration, even short of single firm monopoly, is at least conducive to, if not a cause of, monopolistic behavior. Some also view high corporate concentration, and the aggregation …


International Implications Of Limitations On "Aggregate Concentration", David Boies Jan 1981

International Implications Of Limitations On "Aggregate Concentration", David Boies

Michigan Journal of International Law

Traditionally, antitrust laws have been concerned with competition and concentration within a single market. In the past few years, however, increasing attention has been given to economywide or aggregate concentration-especially when such concentration is accomplished by merger rather than by internal growth. In 1979 and 1980, Congress considered Senate Bill S. 600 which would limit mergers based on size criteria that are unrelated, at least directly, to proof of a lessening of competition within any given market. The international implications of applying this principle are complex and difficult, and have yet to be fully addressed. It is the purpose of …


Doctrines And Problems Relating To U.S. Control Of Transnational Corporate Concentration, Douglas E. Rosenthal, Stuart E. Benson, Lisa Chiles Jan 1981

Doctrines And Problems Relating To U.S. Control Of Transnational Corporate Concentration, Douglas E. Rosenthal, Stuart E. Benson, Lisa Chiles

Michigan Journal of International Law

It is the principal thesis of this article that important recent case decisions in U.S. antitrust law reflect just this conflict over the extent to which intraindustry (horizontal) concentration is economically harmful. We are at a point where the future direction of the law is difficult to discern. Until there is greater U.S. policy agreement, and consistency within U.S. law itself, it is unlikely that any common transnational response will emerge to even horizontal corporate concentration. Ironically, it may not be possible to clarify U.S. antitrust law as long as the underlying policy conflict remains so sharp. For the present, …


The "Economic" Analysis Of Transnational Mergers, William James Adams Jan 1981

The "Economic" Analysis Of Transnational Mergers, William James Adams

Michigan Journal of International Law

No congregation of lawyers can be considered complete without a token economist. The role of the economist consists of describing the economic mode of analyzing the legal problem under consideration. Unfortunately from the standpoint of the token, economists rarely agree on criteria appropriate for the appraisal of economic phenomena. With respect to transnational corporate mergers, four modes of analysis may be described legitimately as economic.


United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin Jan 1981

United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin

Michigan Journal of International Law

This article begins by describing the United Kingdom's policy toward outward and inward direct investment and then sets out the essentials of the competition laws that are among the major, nondiscriminatory regulatory mechanisms that affect corporate behavior and planning. The article also analyzes the development of competition policy as a microeconomic instrument along with its application to monopoly, oligopoly, and cartels involving transnational corporations. Competition policy, except for cartels, is shown to be relatively benign toward mergers until recently, and with respect to monopoly and oligopoly has sought remedies in regulation of prices and behavior rather than through structural change. …


Sherman Act Applications To Predation By Controlled Economy Enterprises Marketing In The United States: Departures From Mechanical Formulae, Deborah M. Levy Jan 1981

Sherman Act Applications To Predation By Controlled Economy Enterprises Marketing In The United States: Departures From Mechanical Formulae, Deborah M. Levy

Michigan Journal of International Law

In a reproachful dissent in United States v. Columbia Steel, the late Justice Douglas sought to remind his brethren what the antitrust laws of the United States are all about: [A]ll power tends to develop into a government in itself. Power that controls the economy should be in the hands of elected representatives of the people, not in the hands of an industrial oligarchy. Industrial power should be decentralized.... That is the philosophy and the command of the Sherman Act.


Reflections On Recent Oecd Activities: Regulation Of Multinational Corporate Conduct And Structure, Kurt Stockmann Jan 1981

Reflections On Recent Oecd Activities: Regulation Of Multinational Corporate Conduct And Structure, Kurt Stockmann

Michigan Journal of International Law

In recent, years, the Organization for Economic Cooperation and Development (OECD) has repeatedly addressed, in a variety of forms, the problem of transnational corporate concentration. In the field of restrictive business practices, it has made suggestions on specific antitrust problems, issued council recommendations, and promulgated the 1976 Concil Guidelines for multinational enterprises. Not surprisingly for an organization that adheres to the principle of unanimity and, consequently, is governed by the law of the smallest common denominator, these efforts have thus far focused more on procedure than on substance. Even where quasisubstantive rules have been adopted, such as in competition guideline …


Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann Jan 1981

Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann

Michigan Journal of International Law

The Federal Republic of Germany's Law Against Restraints on Competition (the ARC), establishes an extensive regime for regulating market-dominating enterprises. Therefore, large corporations, both national and multinational, are the subject of particular scrutiny in the Federal Republic. Rather than identify and address all the provisions pertinent to corporate concentration (a task whose tedium would be matched only by its enormity), this analysis will undertake three tasks: (1) briefly describe the general scope of West German merger law, (2) discuss the application of the law to cases of transnational concentration, and (3) explain the proposed Fourth Amendment to the ARC as …


Regulating Multinational Corporate Concentration-The European Economic Community, John Temple Lang Jan 1981

Regulating Multinational Corporate Concentration-The European Economic Community, John Temple Lang

Michigan Journal of International Law

It is the purpose of this article to discuss the policies and goals of the efforts of the European Communities to regulate multinational corporate concentration. For reasons that will become clear in the course of the article, it is necessary to start by outlining the means available to the European Communities, both presently and potentially, to promote these policies. It is not possible to see what those policies might be or how they are likely to develop without understanding the practical implications of the various legal rules on which the Community might rely in the future. This article does not …


Canadian Merger Policy And Its International Implications, Eric K. Gressman Jan 1981

Canadian Merger Policy And Its International Implications, Eric K. Gressman

Michigan Journal of International Law

The implications of Canadian merger policy are of deep concern to U.S. and other foreign investors who have invested or are considering investing in Canada. U.S. interests own 60 percent of Canada's manufacturing industry. In 1978, approximately 250 mergers in Canada involved a foreign-owned or foreign-controlled buyer (usually U.S.). Therefore, it is not surprising that Canada's merger policy is no less important to the decisions of foreign investors in Canada than the Justice Department's policies are to domestic investors in the United States. At the same time, the Canadian government and public are concerned with their merger policy as a …


Appendix 1: Foreign Monopoly And Merger Law Jan 1981

Appendix 1: Foreign Monopoly And Merger Law

Michigan Journal of International Law

This Appendix consists of brief descriptions of the monopoly and merger laws of several nations. These descriptions are not intended to provide a complete statement of any one nation's antitrust statutes and case law. Rather, they are included in this volume to permit the reader to observe the widely divergent approaches to the regulation of economic concentration. These summaries may not contain the latest case law developments or statutory amendments. It is hoped, however, that they provide a sound starting point for investigation of the regulatory regimes of the nations included in this collection.


Appendix 2: Recent United States Legislative Antitrust Proposals Jan 1981

Appendix 2: Recent United States Legislative Antitrust Proposals

Michigan Journal of International Law

This Appendix consists of brief descriptions of the monopoly and merger laws of several nations. These descriptions are not intended to provide a complete statement of any one nation's antitrust statutes and case law. Rather, they are included in this volume to permit the reader to observe the widely divergent approaches to the regulation of economic concentration. These summaries may not contain the latest case law developments or statutory amendments. It is hoped, however, that they provide a sound starting point for investigation of the regulatory regimes of the nations included in this collection.


Annotated Bibliography Jan 1981

Annotated Bibliography

Michigan Journal of International Law

Corporate concentration of both a national and transnational character is one of the more oblique topics in antitrust literature. Books and articles in the area tend to focus on narrow aspects of this issue, or on the regulatory efforts of particular countries and international organizations. The annotations which follow highlight some of the leading writings on industrial concentration.


Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson Jan 1979

Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson

Michigan Journal of International Law

This article suggests changes that might be made in the administration of the existing Act to improve the efficiency of investigations and the fairness of determinations under the Act in its present form. Most of these suggestions are addressed to the Treasury Department's fair value investigation, with only a few comments on the International Trade Commission injury investigation phase. The ITC has developed a framework for injury investigations that appears generally to be both workable and acceptable to interested parties. Treasury's fair value investigation, on the other hand, has tended to be more controversial. This stems in part from the …


The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland Jan 1979

The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland

Michigan Journal of International Law

When a private party files a dumping complaint, the Antidumping Act of 1921 provides a two-step procedure for examining an alleged infraction by a foreign exporter. First, the Department of the Treasury must determine if imports are being marketed within the United States at less than fair value (hereinafter LTFV). If Treasury makes an affirmative determination, the International Trade Commission (ITC) must then determine if a United States industry is being injured, is likely to be injured, or is prevented from being established by reason of the LTFV sales. If any of these forms of injury is found, an antidumping …


The Treatment Of Products From State-Controlled Economies Under The United States Antidumping Law, Stephanie M. Smith Jan 1979

The Treatment Of Products From State-Controlled Economies Under The United States Antidumping Law, Stephanie M. Smith

Michigan Journal of International Law

When the Antidumping Act of 1921 was enacted, the mechanics of its application to products of state-controlled economies (hereinafter SCES) understandably was not treated. There was only one state-controlled economy in existence in 1921, and its trade with the United States was relatively insignificant. Recently, however, trade with SCEs has been increasing, and continued growth is likely. United States imports from SCEs in 1977 increased to $1,686 million from a volume of $50 million in 1951. This larger volume of trade necessitates a reassessment of the way in which the problems of interaction with these completely different economies are handled.