Law Commons^™

A Quest For Consistency: The Meaning Of 'Direct' In The Foreign Trade Antitrust Improvements Act, Richard Lobas

Global Business Law Review

This note argues that the United States courts need to apply a more consistent interpretation of the meaning of "direct" within the context of the Foreign Trade Antitrust Improvements Act (FTAIA). The FTAIA serves to apply U.S. antitrust law, specifically the Sherman Act, to trade or commerce with foreign nations. One scenario in which this law may be applied is when trade or commerce with a foreign nation has a "direct, substantial, and reasonably foreseeable" effect on domestic commerce. However, courts purport to apply different standards to determine whether an effect is direct, leading to confusion and inconsistency. Contributing to …

Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis

Georgia Journal of International & Comparative Law

No abstract provided.

The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii

John J. Barceló III

No abstract provided.

Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant

Richmond Journal of Global Law & Business

As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …

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 Shipping Act Of 1984: Bringing The United States In Harmony With International Shipping Practices, Martha L. Cecil

Penn State International Law Review

To place the Shipping Act of 1984 in context, this Comment begins by outlining the development of ocean liner conferences and the economics of liner operations. It then describes the changes in case law that increased foreign carriers' exposure to antitrust liability and caused foreign governments to enact retaliatory blocking statutes in an effort to protect their nationals from the extraterritorial application of United States laws. The major portion of the Comment then analyzes the Shipping Act of 1984 and compares the provisions that are responsive to international shipping practices with those that remain in conflict with generally accepted shipping …

Book Review: Eec Competition Law: Business Issues And Legal Principles In Common Market Antitrust Cases By U.P. Toepke

Northwestern Journal of International Law & Business

EEC competition law can be a strange and baffling creature for an observer familiar only with United States antitrust law. There is a tendency to make very straight-forward comparisons between these two systems. Each system is part of a federal structure of legal regulation which applies to practices capable of affecting trade between member states. In additiona, both the Sherman Act and the Treaty of Rome establish two-part scheme for regulation competition with different standards in judging agreements between firms on the one hand and the actions of monopolists or dominant firms on the other hand. Like sections 1 and …

Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish

Northwestern Journal of International Law & Business

In this article, Mr. Kadish discusses the comity analysis of Timberlane Lumber Company v. Bank of America, and examines what it involves, what it accomplishes, whether it is justified, and whether there are preferable alternatives to it. He concludes that the Timberlane analysis should rejected, or at least limited becauses its use to determine United States' court jurisdiction is at best questionable, because it violates traditional abstention doctrine and current Supreme Court and Congressional treatment of foreigners' activities, because there may be insurmountable practical difficulties in applying the analysis, and because the analysis encourages courts to enter the political arena.

An Exercise In Judicial Restraint: Limiting The Extraterritorial Appplication Of The Sherman Act Under The Act Of State Doctrine And Sovereign Immunity, Joseph J. Wielebinski

Syracuse Journal of International Law and Commerce

When a legal dispute involving a foreign nation is submitted to a United States court, the adjudication of rights and liabilities may prove problematic. Two formidable barriers, the act of state doctrine and sovereign immunity, limit the court's ability to resolve disputes which question the legality of sovereign acts. The circumstances under which a United States court should exercise its jurisdiction to consider the merits of a claim involving the application of domestic law to the acts of a foreign sovereign remains a controversial issue.

Recent Decisions, David R. Simon, David D. Dowd

Vanderbilt Journal of Transnational Law

Antitrust--Act of State Doctrine Precludes Judicial Review of Cases in which Private Defendant Induces Foreign Sovereign to Boycott Plaintiff's Services and Products

David R. Simon

Plaintiff, a designer and manufacturer of short takeoff and landing (STOL) aircraft, sought damages from defendants for violation of sections 1 and 2 of the Sherman Act. Specifically, plaintiff alleged that defendant's employees falsely disparaged General Aircraft Corporation's (GAC) STOL aircraft products and services by circulating false and misleading performance reports and engaged in a "vendetta" designed to drive GAC out of business because of GAC's refusal to conduct Southeast Asian Helio sales under the …

Mannington Mills, Inc. V. Congoleum Corp.: A Further Step Toward A Complete Subject Matter Jurisdiction Test, Walter S. Weinberg

Northwestern Journal of International Law & Business

Jurisdiction of the American courts under the Sherman Act' has been extended to certain activities which take place outside of the United States. Such an extension is required by the inclusion of a for- eign commerce provision in the antitrust laws that states that restraints of trade or attempts to monopolize "among the several states, or with foreign nations" are violations of U.S. law. The exact reach of the Sherman Act to activities that take place within foreign nations or that involve foreign law is not clear. United States courts, however, generally have taken jurisdiction over foreign activities only when …

The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman

Northwestern Journal of International Law & Business

The impact of the United States antitrust laws on American exports has in recent years become a controversial issue, especially in view of the increasing U.S, trade deficit. In this article, Mr. Ongman employs economic analysis to determine the desirability of a protectionistic Sherman Act. He concludes that such a policy, resulting in foreign retaliation and spillover into the domestic market, would be unwise.

The Application Of Section One Of The Sherman Act To East-West Trade Resale Restrictions, Peter B. Fitzpatrick

Case Western Reserve Journal of International Law

No abstract provided.

The Conflict Of Laws And The Extraterritorial Application Of The Sherman Act, Lawrence William Nelson

Case Western Reserve Journal of International Law

No abstract provided.