Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Antitrust Regulation Within The European Economic Community, Richard M. Buxbaum
Antitrust Regulation Within The European Economic Community, Richard M. Buxbaum
Richard M. Buxbaum
The article presents information on the antitrust regulation within the European Economic Community. The antitrust provisions of the Rome Treaty are quite straightforward. The escape clause in article 85(3), reflecting French insistence on "reasonable" competition, will unquestionably prove to be the keystone to any eventual Community antitrust law. It is so general that its interpretation is unpredictable. An otherwise null and void practice may be approved if it promotes economic progress while reserving to the consumer an equitable share of the resulting advantages, and neither is an unnecessary restriction nor eliminates competition in a substantial part of the relevant market. …
Transplanting The European Court Of Justice: The Experience Of The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter, Osvaldo Saldias
Transplanting The European Court Of Justice: The Experience Of The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter, Osvaldo Saldias
Faculty Scholarship
Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ) is one of eleven copies of the European Court of Justice (ECJ), and the third most active international court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplants, neofunctionalist theory, and the spread of European ideas and institutions, explaining how the intersection of these literatures informs the study of supranational judicial transplants. The article next explains why the Andean …