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A Standard Of Reason In Eec Antitrust Law: Some Comments On The Application Of Parts 1 And 3 Of Article 85, Ben Van Houtte Jan 1982

A Standard Of Reason In Eec Antitrust Law: Some Comments On The Application Of Parts 1 And 3 Of Article 85, Ben Van Houtte

Northwestern Journal of International Law & Business

In this article, Mr. Van Houtte outlines the basic provisions for antitrust enforcement in the European Economic Community, and comments on the current standards utilized by the European Commission in application of these laws. He advocates movement toward a more equalized balance of the theory behind the antitrust laws and adequate enforcement of those provisions. To achieve that balance, Mr. Van Houtte favors the use of a "standard of reason" in Article 85(1) cases, and increased emphasis on the public interest in analyses performed under Article 85(3).


Comity And Computers In The Common Market: The Ibm Case, Terrance L. Bessey Jan 1982

Comity And Computers In The Common Market: The Ibm Case, Terrance L. Bessey

Northwestern Journal of International Law & Business

This note will surey the law of the Community and its member states, United States law, and international law. The factual aspects of the EEC case against IBM which highlight the tensions underlying the comity question in international antitrust will also be explored. Before turning to these issues, however, the historical and theoretical context of the comity question in international antitrust will be examined.