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Full-Text Articles in Antitrust and Trade Regulation
Promoting International Procedural Norms In Competition Law Enforcement, Roger P. Alford
Promoting International Procedural Norms In Competition Law Enforcement, Roger P. Alford
Journal Articles
It is a pleasure to participate in the 2019 Kansas Law Review Symposium, "Antitrust Law and Policy in the 21st Century." Antitrust is once again a hot topic and discussion about how to effectively enforce the laws in a digital age is generating widespread attention. My focus will be on the topic of promoting fundamental due process in competition law investigation and enforcement. With competition authorities around the globe becoming increasingly more active, it is one of the most important topics on the antitrust agenda. And this year, we witnessed a watershed moment with the adoption of a new framework …
The Extraterritorial Application Of Antitrust Laws: A Postscript On Hartford Fire Insurance Co. V. California, Roger P. Alford
The Extraterritorial Application Of Antitrust Laws: A Postscript On Hartford Fire Insurance Co. V. California, Roger P. Alford
Journal Articles
Last year in the pages of this journal I published an article comparing the United States and the European Union (E.U.) approaches to the extraterritorial application of antitrust laws. In discussing the U.S. approach, I predicted that "while the jurisdictional rule of reason has its weaknesses, it will remain a lasting fixture on the legal landscape precisely because it represents the only genuine, though inexact, attempt by courts to fashion a jurisdictional test which incorporates the legitimate sovereignty interests of foreign nations." Thus, it was with disappointment that I, along with other proponents of a jurisdictional rule of reason, received …
The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford
The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford
Journal Articles
This Article compares the differing approaches of the United States and the European Community as they wrestle with the question of how to regulate foreign anticompetitive activity. More specifically, this Article highlights the distinctive features of the U.S. "effects doctrine" and the European Community's "implementation approach" and analyzes the differences that exist between the two systems. Only the U.S. doctrine openly provides for the consideration of international comity concerns, but both approaches have been used liberally to assert jurisdiction over foreign defendants. Part II of this Article provides a background to the subject by briefly outlining the traditional bases of …