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University of Michigan Law School

University of Michigan Journal of Law Reform

International Trade Law

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Commercial Treaties And Foreign Companies: The Mutually Reinforcing Principles Of Remedial Antitrust And National Treatment, Alan Van Kampen Oct 1982

Commercial Treaties And Foreign Companies: The Mutually Reinforcing Principles Of Remedial Antitrust And National Treatment, Alan Van Kampen

University of Michigan Journal of Law Reform

This Note argues that greater appreciation for the nature and importance of national treatment obligations will compel tribunals fashioning antitrust relief to provide more suitably for foreign firms, and thus avoid straining international trade relations. Moreover, because antitrust relief and national treatment objectives are mutually reinforcing, greater recognition of national treatment requirements should improve remedial orders from the standpoint of antitrust economics. Meeting national treatment requirements should place little added burden on the antitrust tribunal; it must merely extend impartial economic analysis to all market suppliers, not just domestic firms.

This Note explores methods to ensure that antitrust relief orders …


The Trigger Price Mechanism: Limitation On Administrative Discretion Under The Antidumping Laws, Mark Alan Kantor Apr 1978

The Trigger Price Mechanism: Limitation On Administrative Discretion Under The Antidumping Laws, Mark Alan Kantor

University of Michigan Journal of Law Reform

The world steel market, Jong subject to cyclical fluctuations, is presently faced with a severe problem of overproduction. United States producers of steel in particular have suffered difficulties in the current crisis. While the industry's problems are not new, conditions of slack demand and overcapacity have recently resulted in the implementation of a new system to administer the antidumping Jaws of the United States to curb imports of foreign-produced steel. This article will describe and evaluate this new system, the trigger price mechanism (TPM), and consider its role as a constraint on the administrative discretion of the United States Department …