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Full-Text Articles in Antitrust and Trade Regulation
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.
A Tribute To Professor James A. Rahl, Rene Joliet
A Tribute To Professor James A. Rahl, Rene Joliet
Northwestern Journal of International Law & Business
Many leading American and European lawyers and professors have wished to pay tribute to James A. Rahl-itself ample testimony to his fame in the field of business regulation.
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.
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 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 …
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.
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 …
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.
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.
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.
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 …
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 ...."