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Articles 1 - 14 of 14
Full-Text Articles in Comparative and Foreign Law
National Panasonic (U.K.) Ltd. V. Commission Of The European Communities: The Common Market's First Look At Warrantless Searches In Antitrust Investigations, Catherine C. Gale
National Panasonic (U.K.) Ltd. V. Commission Of The European Communities: The Common Market's First Look At Warrantless Searches In Antitrust Investigations, Catherine C. Gale
Northwestern Journal of International Law & Business
In Antitrust Investigations National Panasonic (UK) Ltd v. Commission of the European Communities' is the first decision of the European Court of Justice delineating the powers of the European Commission to conduct evidentiary searches on the premises of firms suspected of violating the European Economic Community's antitrust laws. The Court held that the Commission may conduct on-the-spot searches of firms without prior notification. The Court's decision greatly expands the investigatory powers of the Commission at the expense of significant privacy and due process rights for firms operating within the European Community. This note will examine the extent to which the …
United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin
United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin
Michigan Journal of International Law
This article begins by describing the United Kingdom's policy toward outward and inward direct investment and then sets out the essentials of the competition laws that are among the major, nondiscriminatory regulatory mechanisms that affect corporate behavior and planning. The article also analyzes the development of competition policy as a microeconomic instrument along with its application to monopoly, oligopoly, and cartels involving transnational corporations. Competition policy, except for cartels, is shown to be relatively benign toward mergers until recently, and with respect to monopoly and oligopoly has sought remedies in regulation of prices and behavior rather than through structural change. …
The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge
The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge
Northwestern Journal of International Law & Business
The European Coal and Steel Community Treaty and the Treaty of Rome have been recognized as transferring the jurisdictional authority to apply antitrust laws to the European Communities. After surveying the impact of these treaties on various sectors, the author argues that it is necessary to subordinate the jurisdictional authority of the Member States in this field to fulfill the objectives of the Common Market.
The Eec Convention On Jurisdiction And Enforcement Of Civil And Commercial Judgments, Elizabeth Freeman
The Eec Convention On Jurisdiction And Enforcement Of Civil And Commercial Judgments, Elizabeth Freeman
Northwestern Journal of International Law & Business
As the result of a Protocol to the EEC Convention on Jurisdiction and Enforcement of Civil and Commercial Judgments, the European Court of Justice was express given jurisdiction to interpret the Convention's provisions. The European Court, in interpreting the Convention, has adopted Community solutions and common Community law definitions. In addition, the European Court has narrowly construed exceptions to the Convention's basic principles. The Court has also attempted to guarantee equality of treatment. In this article, Mrs. Freeman examines the European Court's application of these principles in light of the Convention's purpose and structure.
The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley
The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley
Northwestern Journal of International Law & Business
In this article, Mr. Holley examines the ways in which the EEC Commission's interpretations of the EEC Treaty, European Court decisions, and suggestions made by Member States and industry influence the development of EEC law. By focusing on the Commission's draft patent licensing regulation, the author identifies existing conflicts between preserving patent rights and the EEC objectives of protecting competition and the free flow of goods among the Member States.
Article 37 Of The Eec Treaty: State Trading Under Scrutiny, Spencer Weber Waller
Article 37 Of The Eec Treaty: State Trading Under Scrutiny, Spencer Weber Waller
Northwestern Journal of International Law & Business
This comment will explore the judicial development of standards applied in analyzing state trading under Article 37. The success of Article 37 in curtailing the harmful effects of state trading is in marked contrast with the attempts to regulate state trading found within the General Agreement on Tariffs and Trade (GATT).4 In part, this can be explained by the development of judicial rather than political standards for limiting the role of state monopolies within the EEC. The European Court of Justice (ECJ) has chosen to focus on the effects of state trading, banning the practice when used to disguise quotas, …
Canadian Merger Policy And Its International Implications, Eric K. Gressman
Canadian Merger Policy And Its International Implications, Eric K. Gressman
Michigan Journal of International Law
The implications of Canadian merger policy are of deep concern to U.S. and other foreign investors who have invested or are considering investing in Canada. U.S. interests own 60 percent of Canada's manufacturing industry. In 1978, approximately 250 mergers in Canada involved a foreign-owned or foreign-controlled buyer (usually U.S.). Therefore, it is not surprising that Canada's merger policy is no less important to the decisions of foreign investors in Canada than the Justice Department's policies are to domestic investors in the United States. At the same time, the Canadian government and public are concerned with their merger policy as a …
The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart
The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart
Northwestern Journal of International Law & Business
The European Court of Justice, as the sole judicial institution of the European Communities, has evolved into a vigorous body asserting a strong cohesive influence upon the Member States through application of the principles asserted in the Communities' Treaties. In this article, Lord Mackenzie Stuart examines the jurisdiction of the Court in light of recent case law. In particular, Judge MacKenzie Stuart discusses doctrines of jurisdiction adopted by the Court and the application of these doctrines to recent developments involving free movement of goods and of persons within the Communities and other Treaty principles such as equal pay for men …
Ventures In The China Trade: An Analysis Of China's Emerging Legal Framework For The Regulation Of Foreign Investment, William P. Alford, David E. Birenbaum
Ventures In The China Trade: An Analysis Of China's Emerging Legal Framework For The Regulation Of Foreign Investment, William P. Alford, David E. Birenbaum
Northwestern Journal of International Law & Business
In this Article, Messrs. Alford and Birenbaum examine laws and regulations recently promulgated by the People's Republic of China to govern the conduct of business and investment in China. After establishing the cultural, historical, bureaucratic and developmental contexts within which the authors believe these laws and regulations must be understood, they comprehensively examine and discuss the new legal pronouncements.
"Black Ships" And Balance Sheets: The Japanese Market And U.S.-Japan Relations, Kenneth W. Abbott, Conrad D. Totman
"Black Ships" And Balance Sheets: The Japanese Market And U.S.-Japan Relations, Kenneth W. Abbott, Conrad D. Totman
Northwestern Journal of International Law & Business
In this Article, Professors Abbott and Totman address the widespread Western belief that the Japanese economy is unfairly closed to foreign trade and investment. The authors identify several levels of barriers to penetration of the Japanese market. They contend that considerable progress has been made in reducing direct official restraints and official non-tariff barriers. Further progress in resolving the closed market issue, the authors predict, will be more difficult. Some of the remaining problems are rooted in Japanese society and culture; others in Western attitudes toward Japan. All reflect the historical pattern of Japan's relations with the West. The authors …
Refusals To Supply: Should The French Rules Be Harmonized With Those Of The Eec?, Dominique Brault
Refusals To Supply: Should The French Rules Be Harmonized With Those Of The Eec?, Dominique Brault
Northwestern Journal of International Law & Business
In this article, Mr. Brault contends that "harmonizing" the French rules with those of Germany or the EEC is neither desirable nor necessary because of the disparate economic structures of the EEC Member States and because the French rules are, as a result of French case law, not as rigid and severe as their detractors portray them. Instead, Mr. Brault suggests that in practice, the national antitrust laws of EEC Member States are becoming "harmonized" naturally because German and EEC case law have made the application of apparently lenient refusals to supply statutes significantly more severe.
Prohibiting Restriction Of Free Trade Within The Community: Articles 30-36 Of The Eec Treaty, P. Verloren Van Themaat, L.W. Gormley
Prohibiting Restriction Of Free Trade Within The Community: Articles 30-36 Of The Eec Treaty, P. Verloren Van Themaat, L.W. Gormley
Northwestern Journal of International Law & Business
The problem of accommodating the tensions of power between the European Economic Community and individual Member States is particularly acute in the area of prohibitions on restriction on free trade within the Community. Professor van Themaat and Mr. Gormley analyze key aspects of this problem in select decisions of the Court of Justice concerning Articles 30-36 of the EEC Treaty. The areas of discussion include the extent to which Articles 30-36 affect internal economic regulations of Member States, the difference between trading within an established Community organization and trade in an area where no organization exists, and the relation of …
International Law And Community Treaty-Making Power, Hans Van Houtte
International Law And Community Treaty-Making Power, Hans Van Houtte
Northwestern Journal of International Law & Business
The European Community, in addition to its power within the Community, may negotiate and conclude agreements with states and other international organizations. In his article, Mr. van Houtte examines the Community's utilization of its treaty-making powers under community law as well as under international law. He concludes that the Community will attain full international status when it utilizes its treaty-making power completely and assumes full and exclusive responsibility for it.
Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann
Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann
Michigan Journal of International Law
The Federal Republic of Germany's Law Against Restraints on Competition (the ARC), establishes an extensive regime for regulating market-dominating enterprises. Therefore, large corporations, both national and multinational, are the subject of particular scrutiny in the Federal Republic. Rather than identify and address all the provisions pertinent to corporate concentration (a task whose tedium would be matched only by its enormity), this analysis will undertake three tasks: (1) briefly describe the general scope of West German merger law, (2) discuss the application of the law to cases of transnational concentration, and (3) explain the proposed Fourth Amendment to the ARC as …