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Antitrust and Trade Regulation Commons™
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Full-Text Articles in Antitrust and Trade Regulation
Eec Antitrust: Community Adoption Of The Parker Doctrine, Gilbert P. Verbit
Eec Antitrust: Community Adoption Of The Parker Doctrine, Gilbert P. Verbit
Vanderbilt Journal of Transnational Law
Once it concluded that the Sherman Act did not apply to the states, the United States Supreme Court apparently found it necessary to hold that the Act did not reach agents of the state or those whose action was compelled by the state. The state action defense to an antitrust proceeding was thus created. In Cantor, at least four Justices decided they did not like the results of this experiment, and they virtually put an end to the state action defense. The Court of Justice of the European Communities was not similarly pressured to find a state action defense to …
Recent Decisions, Robert S. Patterson, George M. Taylor, Iii
Recent Decisions, Robert S. Patterson, George M. Taylor, Iii
Vanderbilt Journal of Transnational Law
The instant decision is an evolutionary step in the development of extraterritorial antitrust but it falls short of establishing a workable standard. What the decision does point out is that the courts lack the experience and expertise necessary to deal effectively with the application of antitrust laws abroad. This inexperience will further erode the consistent application of United States antitrust laws abroad as the courts begin to hear cases involving less obvious offenses and less significant effects on United States commerce." If, as Sabbatino suggests,' the primary competency of the Executive in foreign affairs is to be the major factor …
The Contemporary Evolution Of Intermodal And International Transport Regulation Under The Interstate Commerce Act, Paul S. Dempsey
The Contemporary Evolution Of Intermodal And International Transport Regulation Under The Interstate Commerce Act, Paul S. Dempsey
Vanderbilt Journal of Transnational Law
n our era of rapidly diminishing impediments to the free flow of capital, goods, technology, and services between nations, transnational commercial activity has become extremely important to our national economy. New frontiers are being broken as raw materials and manufactured products move more freely between nations which have heretofore shared little in culture, history, religion, race, or economic and political philosophy. Certainly, governmental initiatives designed to eliminate trade inhibitions are responsible for much of this growth. Tariff walls are crumbling. The world economy is prospering. The interdependencies that flourish between members of the world community as a result of bilateral …
Recent Decisions, Ronald P. Cima, Douglas Berry, Jon L. Goodman
Recent Decisions, Ronald P. Cima, Douglas Berry, Jon L. Goodman
Vanderbilt Journal of Transnational Law
Recent Decisions
Act of State Doctrine--Act of State Doctrine precludes Judicial Inquiry into the Motivation underlying the Acts of a Foreign State in a Private Antitrust Suit
Ronald P. Cima
Preemption--State Statute Prohibiting Nonresidents or Aliens from Fishing in its Waters is Preempted by Federal Law
Douglas Berry
Warsaw Convention--Provision for Limiting Liability--Recoveries in Personal Injury Actions against Air Carrier Employees, as Well as Against the Air Carrier itself, are to be Limited by the Warsaw Convention
Jon L. Goodman