Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (18)
- International Antitrust Law (15)
- International law (15)
- European Commission (13)
- James A. Rahl (13)
-
- Competition Law (12)
- European Union (11)
- International Competition Law (10)
- Competition law (8)
- WTO (4)
- European Community Merger Regulation (3)
- GATT (3)
- Sherman Act (3)
- Trade (3)
- Antidumping (2)
- Antitrust Law (2)
- Antitrust law (2)
- Clayton Act (2)
- Competition (2)
- Competition Act (2)
- Competition policy (2)
- Developing countries (2)
- Enforcement (2)
- International competition (2)
- Japan (2)
- Merger (2)
- Mergers (2)
- Rome Treaty (2)
- World Trade Organization (2)
- Act of accession (1)
- Publication Year
Articles 1 - 30 of 91
Full-Text Articles in Law
Live And Let Liv?: The Case Against Antitrust Alarm And The Multi-Tour Future Of Professional Golf, Reed Silverman
Live And Let Liv?: The Case Against Antitrust Alarm And The Multi-Tour Future Of Professional Golf, Reed Silverman
Northwestern Journal of International Law & Business
No abstract provided.
No Good Whistle Goes Unpunished: Can We Protect European Antitrust Leniency Applications From Discovery?, Constanza Nicolosi
No Good Whistle Goes Unpunished: Can We Protect European Antitrust Leniency Applications From Discovery?, Constanza Nicolosi
Northwestern Journal of International Law & Business
In recent years, the most successful tool in the antitrust arsenal of the European Commission and the Antitrust Division of the U.S. Department of Justice has proven to be leniency programs, which provide full immunity from fines to the first cartel-member that confesses its participation in the conspiracy. Even though European and U.S. leniency programs are fairly similar to one another, procedural differences may undermine their effectiveness. It has long been argued that potential discovery of corporate statements accompanying the leniency application before the Commission in subsequent proceedings in the United States would put the firms that cooperated with the …
Federalism And Concurrent Jurisdiction In Global Markets: Why A Combination Of National And State Antitrust Enforcement Is A Model For Effective Economic Regulation, Katherine Mason Jones
Federalism And Concurrent Jurisdiction In Global Markets: Why A Combination Of National And State Antitrust Enforcement Is A Model For Effective Economic Regulation, Katherine Mason Jones
Northwestern Journal of International Law & Business
The focus of the article is on the proper role of U.S. state governments in regulating international business. The specific issue analyzed is the desirability of having state attorneys general enforce federal antitrust laws in global markets concurrently with federal antitrust regulators. Congress granted state officials this power in 1976. In 2009, however, a large proportion of the world's commerce is now conducted in international, rather than national markets. This development has led Judge Richard A. Posner and others to advocate that the states be stripped of their statutory power to enforce federal antitrust laws on behalf of their residents …
Antidumping And Cotton Subsidies: A Market-Based Defense Of Unfair Trade Remedies, Nadia E. Nedzel
Antidumping And Cotton Subsidies: A Market-Based Defense Of Unfair Trade Remedies, Nadia E. Nedzel
Northwestern Journal of International Law & Business
This article argues that trade remedies, problematic though they may be, provide a legal framework in which litigation can and must be promulgated to protect the benefits of a global market economy.
International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone
International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone
Northwestern Journal of International Law & Business
This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP") and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 (hereinafter "U.K. Act"), will then …
"Perfectly Properly Triable" In The United States: Is Extradition A Real And Significant Threat To Foreign Antitrust Offenders?, Daseul Kim
Northwestern Journal of International Law & Business
Seeking extradition of foreign officers in charge of foreign corporations for trial in the United States is one of the latest policies that the U.S. Department of Justice ("DOJ") has adopted to enforce U.S. antitrust laws internationally. As a result, the world has become a much riskier place for foreign officers and executives, who, in the past, could practically ignore U.S. antitrust laws and still hide safely behind the protection of their own countries' borders. The DOJ expects this "real and significant" threat of extradition to incentivize foreign corporate officers to comply with U.S. antitrust laws by altering their conduct, …
Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty
Methanex V. United States: The Realignment Of Nafta Chapter 11 With Environmental Regulation, Kara Dougherty
Northwestern Journal of International Law & Business
In July 1999, the Canadian firm Methanex Corporation ("Methanex") notified the United States of its intention to seek approximately $1 billion in damages for the United States's alleged breach of Chapter 11 of the North American Free Trade Agreement ("NAFTA"). NAFTA, a trilateral agreement among the United States, Canada and Mexico (the "Parties"), gives private, foreign investors from each country the right to bring claims against another Party under certain circumstances. Methanex claimed a California measure banning the use of the gasoline additive MTBE discriminated against and expropriated its investments. The case of Methanex v. United States highlights two unintended …
Outsourcing Drug Investigations To India: A Comment On U.S., Indian, And International Regulation Of Clinical Trials In Cross-Border Pharmaceutical Research, James Cekola
Northwestern Journal of International Law & Business
The traditional research and development model of large pharmaceutical companies is arguably unsustainable in current times. For example, estimated research and development costs increased as much as twelve percent over the last year while pharmaceutical sales grew only seven percent over the same period. Current estimates put the price to develop a new drug and bring it to market between $800 million and $1.5 billion per drug. These costs are increasing, driving large pharmaceutical companies to find more cost-effective research and development models. One cost-saving initiative is to globalize the system. In particular, companies have increasingly outsourced the required investigational …
Comparison Between U.S. And E.U. Antitrust Treatment Of Tying Claims Against Microsoft: When Should The Bundling Of Computer Software Be Permitted, James F. Ponsoldt, Christohper D. David
Comparison Between U.S. And E.U. Antitrust Treatment Of Tying Claims Against Microsoft: When Should The Bundling Of Computer Software Be Permitted, James F. Ponsoldt, Christohper D. David
Northwestern Journal of International Law & Business
This article will analyze the recent U.S. and E.U. judicial approaches to tying charges which stem from software bundling. Part II reviews U.S. tying jurisprudence both generally and as applied to software bundling. Part III outlines the D.C. Circuit's approach to Microsoft's Windows/Internet Explorer bundle. Part IV briefly covers tying jurisprudence in the European Union. Part V describes the European Commission's ("E.C.") analysis of Microsoft's Window/Windows Media Player bundle. By comparing the two approaches, Part VI shows that neither approach is ideal: although the U.S. approach offers too little guidance to software manufacturers seeking to avoid liability and unduly discounts …
On The Road To Perdition? The Future Of The European Car Industry And Its Implications For Ec Competition Policy, Sandra Marco Colino
On The Road To Perdition? The Future Of The European Car Industry And Its Implications For Ec Competition Policy, Sandra Marco Colino
Northwestern Journal of International Law & Business
Recent reports from the European Commission on European Union price differentials for new motor vehicles reflect a steady narrowing of the differences in prices for motor vehicles across the 27 Member States. Although the inclusion within the European Community in 2004 of ten new countries with relatively homogeneous pricing has evidently colored these findings, price differentials among the EU-15 appear to be decreasing. Price convergence has been welcomed by consumer associations and European institutions, which for many years fought arduously to force car manufacturers to reduce these differentials. The justification for their concerns was based on a logical argument. In …
Business Implications Of Divergences In Multi-Jurisdictional Merger Review By International Competition Enforcement Agencies, W. Adam Hunt
Business Implications Of Divergences In Multi-Jurisdictional Merger Review By International Competition Enforcement Agencies, W. Adam Hunt
Northwestern Journal of International Law & Business
Antitrust and competition laws lie at the nexus of international law and business. Since 1890, antitrust law has expanded from its origins of regulating trusts in the United States to what is now a global body of law. However, this expansion has not come without drawbacks. As the number of worldwide competition review and enforcement agencies in both developing and developed nations continues to increase, multinational businesses contemplating mergers are faced with growing uncertainty and transaction costs. These escalating costs have led business community leaders to conclude "that greater harmonization of merger law enforcement, at both the substantive and the …
Korea's Competition Law And Policies In Perspective Symposium On Competition Law And Policy In Developing Countries , Youngjin Jung, Seung Wha Chang
Korea's Competition Law And Policies In Perspective Symposium On Competition Law And Policy In Developing Countries , Youngjin Jung, Seung Wha Chang
Northwestern Journal of International Law & Business
The aim of this article is to provide an overview of competition law and competition policy in Korea and to analyze their relationship with other important national economic policies. Section II provides a historical survey of the country's competition law and policy. Section III examines the major components of the law and evaluates how the antitrust authority has actually enforced its provisions in practice. It also highlights elements of the law that have been tailored to Korea's unique economic circumstances. Section IV focuses on the relationship between competition policy and related economic policies-in particular, industrial policy and trade and investment …
Challenges To The Effective Implementation Of Competition Policy In Regulated Sectors: The Case Of Telecommunications In Mexico Symposium On Competition Law And Policy In Developing Countries , Oliver Solano, Rafael Del Villar, Rodrigo Garcia-Verdu
Challenges To The Effective Implementation Of Competition Policy In Regulated Sectors: The Case Of Telecommunications In Mexico Symposium On Competition Law And Policy In Developing Countries , Oliver Solano, Rafael Del Villar, Rodrigo Garcia-Verdu
Northwestern Journal of International Law & Business
This article reviews Mexico's competition law and policy, with particular emphasis on the challenges that the Federal Competition Commission ("CFC") has faced in implementing an effective competition policy. Some of the difficulties analyzed are the loopholes in the current laws, the lack of cooperation between the CFC and other sectoral regulators, and the regulatory arbitrage by market participants. These challenges are then illustrated by the developments in the telecommunications sector. This sector is particularly interesting in the case of Mexico given the overwhelming power of the dominant firm and the overlapping and even conflicting mandates of the different government authorities …
Competition Policy In Developing Economies: The Case Of Brazil Symposium On Competition Law And Policy In Developing Countries , Gesner Oliveira, Thomas Fujiwara
Competition Policy In Developing Economies: The Case Of Brazil Symposium On Competition Law And Policy In Developing Countries , Gesner Oliveira, Thomas Fujiwara
Northwestern Journal of International Law & Business
The objective of this article is to discuss the implementation of competition policy in Brazil through a historical perspective. In contrast with the experience of various OECD countries, including the United States in particular, competition policy in Brazil has only recently become relevant. However, its increasing prevalence has not been preceded by the development of a competition culture and institutions. This fact has several implications for policy making. Best practices in the OECD countries cannot be automatically imported without due attention to the peculiarities of a developing economy. This paper is divided into five sections. Section II describes the different …
At The Crossroads: Making Competition Law Effective In Pakistan Symposium On Competition Law And Policy In Developing Countries , Joseph Wilson
At The Crossroads: Making Competition Law Effective In Pakistan Symposium On Competition Law And Policy In Developing Countries , Joseph Wilson
Northwestern Journal of International Law & Business
Just as the first merger wave of the late 1880's in the United States resulted in the birth of Sherman Act, the recent global merger wave of the early 2000's, coupled with the growing liberalization of trade, prompted a large number of developing and transitional economies to adopt competition laws. Pakistan is one of the few developing countries with a competition law in place for more than three decades: the Monopolies and Restrictive Trade Practices Ordinance of 1970 ("MRTPO" or the "Ordinance"). While the Ordinance contained fairly strong provisions, the agency entrusted to implement it, the Monopolies Control Authority ("MCA"), …
Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett
Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett
Northwestern Journal of International Law & Business
This paper examines the conventional wisdom concerning competition advocacy, paying particular attention to the applicability of such wisdom to developing countries. The definition of competition advocacy, its evaluation, and the likelihood of its successful implementation are discussed in some detail. The paper concludes with a call for considerably more thought about what, hitherto, has been one of the relatively uncontroversial aspects of many competition authorities' activities.
Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra
Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra
Northwestern Journal of International Law & Business
Japan's New Merger Guidelines ("New Merger Guidelines"), issued by the Japan Fair Trade Commission ("JFTC") in May 2004, mark a turning point for antitrust in Japan. It is likely that Japan's New Merger Guidelines will be seen as a model for legal transplants in the future. Despite the similarities between Japan's New Merger Guidelines and the U.S. Horizontal Merger Guidelines ("U.S. Merger Guidelines"), Japan's New Merger Guidelines are unlikely to be a "success" in the same way that the U.S. Merger Guidelines have been a success since their adoption by the American competition agencies. Although Japan is far from a …
Development Of Competition Law In Vietnam In The Face Of Economic Reforms And Global Integration, The Symposium On Competition Law And Policy In Developing Countries, Alice Pham
Northwestern Journal of International Law & Business
This article examines the development of a competition regime in Vietnam, with all of the existing difficulties and problems. In the context of this socialist country, we examine the economic reform and integration process and the challenges of liberalization and globalization. Finally, we provide some thoughts for the future. Specifically, Section II addresses the emergence of Vietnam's competition law since the 1980's. Section III describes some of the key legal provisions of the Competition Law of Vietnam. Section IV evaluates the current challenges in the implementation of the Vietnam competition regime, while Section V proposes some recommendations.
Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak
Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak
Northwestern Journal of International Law & Business
This paper will address the political economy of competition law in Thailand. Section II will provide a historical perspective of Thai Competition Law. Section III will show what went wrong with the law's implementation since its promulgation in 1999. Section IV will assess the implications of the lack of competition law enforcement on business conduct and the establishment of a competition regime in Thailand. Section V will summarize major lessons learned in the Thai case that may be relevant to other developing countries considering adopting such a law or facing difficulties in its implementation. Finally, Section VI will draw conclusions …
Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg
Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg
Northwestern Journal of International Law & Business
South Africa's new competition policy and law were drafted during the early years of South Africa's new democracy, a period characterized by important domestic policy and regulatory reform. These reforms were not only part of the comprehensive program for the country's economic, social, and political transformation, but also its integration into the global economy after decades of isolation under the apartheid regime. In the case of competition policy, however, concerns about specific development challenges entrenched by the previous era of political and economic control, had to be explicitly reflected in the new South Africa's law and policy. It was clear …
Comparative Advertising In The United States And In France, Charlotte J. Romano
Comparative Advertising In The United States And In France, Charlotte J. Romano
Northwestern Journal of International Law & Business
Comparative advertising has been widely used for over thirty years in the United States. By contrast, the use of this advertising format has traditionally been-and still is-very marginal in France. The term "comparative advertising" refers to any form of advertising in which a trademark owner draws a comparison between his product, service, or brand and that of a competitor. The central issue of this article is to determine why, despite identical guiding policies, comparative advertising remains unusual in France while it is commonplace in the United States. Attempting to answer that question unavoidably raises numerous related issues: can the two …
E.U. Competition And Private Actions For Damages, The Symposium On European Competition Law , Georg Berrisch, Eve Jordan, Rocio Salvador Roldan
E.U. Competition And Private Actions For Damages, The Symposium On European Competition Law , Georg Berrisch, Eve Jordan, Rocio Salvador Roldan
Northwestern Journal of International Law & Business
There are numerous reasons why private enforcement of E.U. competition law remains underdeveloped in Europe. The main reason is perhaps that it is not regulated by E.U. law but by Member State law. This in itself creates legal uncertainty. A system that creates optimal conditions for individuals to challenge infringements of competition rules before national courts ensures a high level of compliance. It is therefore no surprise that the European Commission ("Commission") is keen to see the general use of private enforcement, and in particular of actions for damages, in Europe increase. This paper focuses on one particular aspect of …
Current Issues Of E.U. Competition Law: The New Competition Enforcement Regime, The Symposium On European Competition Law , Philip Lowe
Current Issues Of E.U. Competition Law: The New Competition Enforcement Regime, The Symposium On European Competition Law , Philip Lowe
Northwestern Journal of International Law & Business
On May 1, 2004, two major reforms of the EC competition enforcement regime are expected to enter into force: the modernization of antitrust enforcement, based on Regulation 1/2003,1 and the review of the European merger control system. In this contribution, I will outline the main principles underlying these reforms. In Part I, I will focus on the instruments the Commission intends to adopt early in 2004 in order to guarantee the efficient functioning of Regulation 1/2003, the so-called modernization package. Subsequently, in Part II, I will present the guiding principles of the future merger control in Europe, as they result …
Role Of Judicial Review In Merger Control, The Symposium On European Competition Law , Mark Clough
Role Of Judicial Review In Merger Control, The Symposium On European Competition Law , Mark Clough
Northwestern Journal of International Law & Business
This article explains the role of judicial review in European Community ("EC") Merger Control ("ECMR") by reference to the Airtours case and three other important recent judgments of the European Court of First Instance ("CFI") (Schneider, Tetra Laval and Lagardére), all decided in 2002. Article 230 of the EC Treaty, which governs actions for annulment of acts adopted by the EC Institutions "on the grounds of lack of competence, infringement of an essential procedural requirement, infringement of this [EC] Treaty or of any rule of law relating to its application, or misuse of powers," is considered only in the context …
Chronopost V. Ufex: The Paradoc Of The Competing Monopolist Symposium On European Competition Law , Alessandra Fratini, Andrea Carta
Chronopost V. Ufex: The Paradoc Of The Competing Monopolist Symposium On European Competition Law , Alessandra Fratini, Andrea Carta
Northwestern Journal of International Law & Business
On July 3, 2003, in the Chronopost judgment, the European Court of Justice ("ECJ" or "the Court") defined the conditions under which a public undertaking, enjoying a legal monopoly for the provision of services of general interest, can provide services to its subsidiaries without infringing Article 87(1) of the EC Treaty. The impact of this judgment on European Community ("EC") state aid policy and public services is potentially large, in both legal and practical terms. The ruling casts light on the real dilemma underlying the application of state aid rules to the circumstances of the case: how to allow public …
European Community Compulsory Licensing Policy: Heresy Versus Commen Sense Symposium On European Competition Law , Frank Fine
European Community Compulsory Licensing Policy: Heresy Versus Commen Sense Symposium On European Competition Law , Frank Fine
Northwestern Journal of International Law & Business
There is a growing trend to limit the rights of intellectual property owners when the public interest warrants. Until very recently, this phenomenon has been manifested only at a transnational level.1 For example, the World Trade Organization, as recently as November 2001, in its Doha Agreement ("Doha"),2 enabled certain nations of the Asian and African subcontinents to obtain compulsory licenses to manufacture and distribute domestically certain anti-retroviral drugs by declaring a state of national health emergency. Doha raises an intriguing question: if limited intrusions into valuable intellectual property rights may be justified on public health grounds, should not such intrusions …
Combinations, Concerted Practices And Cartels: Adopting The Concept Of Conspiracy In European Community Competition Law Symposium On European Competition Law , Julian M. Joshua, Sarah Jordan
Combinations, Concerted Practices And Cartels: Adopting The Concept Of Conspiracy In European Community Competition Law Symposium On European Competition Law , Julian M. Joshua, Sarah Jordan
Northwestern Journal of International Law & Business
This article charts the progress of, and the vicissitudes faced by, the incorporation into the European Community legal order of the peculiarly common law concept of conspiracy as the vehicle not only for analytical purposes, by characterizing full-blown cartels as "agreements" in the sense of Article 81 of the EC Treaty, but also to resolve the multiplicity of evidential issues presented by complex, pernicious and secretive behavior. The article also shows how the uncovering of deliberate and secretive business delinquency, practiced at the highest levels in some of Europe's most respected corporations and summed up by the negative connotations of …
The State Of E.C. Competition Law: Fiften Years Ago And Today, The Symposium On European Competition Law , Frank Fine
The State Of E.C. Competition Law: Fiften Years Ago And Today, The Symposium On European Competition Law , Frank Fine
Northwestern Journal of International Law & Business
The European Commission is achieving ever greater rationalization and efficiencies in the field of merger control, thereby maximizing commercial benefits while minimizing regulatory hurdles. The Commission appears to be on a completely different track when it comes to non-merger arrangements, such as strategic alliances, distribution agreements, technology licenses, joint selling agreements and joint purchasing agreements. While the Commission is seeking to maximize legal certainty for companies planning concentrations, in the other spheres of business activity which fall within the ambit of Articles 81 and 82, including those noted above, the Commission has decided that the legal certainty afforded by the …
Last Of Its Kind: The Review Of The Technology Transfer Block Exemption Regulation, The Symposium On European Competition Law , Fiona Carlin, Stephanie Pautke
Last Of Its Kind: The Review Of The Technology Transfer Block Exemption Regulation, The Symposium On European Competition Law , Fiona Carlin, Stephanie Pautke
Northwestern Journal of International Law & Business
On October 1, 2003, the Commission published a formal proposal for a new technology transfer block exemption ("Draft TTBE") together with detailed draft guidelines ("Draft Guidelines")5 which explain how the new regulation will be interpreted and how Article 81 will be applied to agreements that fall outside the revised regulation's safe harbor. These proposals unleashed a barrage of criticism from industry and seem likely to result in some amendments to the proposed texts before their adoption in March or April 2004. The new package is due to enter into force on May 1, 2004. This article discusses the Commission's proposals …
E.U. State Aid Developments In 2003: More Complexity, Less Certainty Symposium On European Competition Law , Dennis Oswell, Esfandiar Vahida
E.U. State Aid Developments In 2003: More Complexity, Less Certainty Symposium On European Competition Law , Dennis Oswell, Esfandiar Vahida
Northwestern Journal of International Law & Business
There was a time when observers had the impression that European companies could think of no better gift from the government than a subsidy of some sort. Scrutiny of such governmental largess at the E.U. level was perceived as lax and any consequences for violating the E.U. competition rules against such handouts were seen as remote and timid. Times have changed. As the European Commission (the "Commission") stiffens its resolve to police and punish unlawful State intervention in the marketplace, governmental subsidies to favored undertakings, broadly referred to in the European Union as "State aid," are fast becoming gifts that …