Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Antitrust (12)
- Corporations (10)
- Competition (8)
- EEC (7)
- Monopolies (7)
-
- Investment (6)
- Mergers (6)
- Multinational enterprises (6)
- Concentration (4)
- Public policy (4)
- European Court of Justice (3)
- Export (3)
- Foreign investment (3)
- Free Trade (3)
- International trade (3)
- International trade law (3)
- Regulation (3)
- Tax law (3)
- Trade (3)
- United Nations (3)
- China (2)
- Europe (2)
- Foreign Direct Investment (2)
- International law (2)
- Protectionism (2)
- Technology (2)
- Anti dumping (1)
- Article 37 (1)
- Barter (1)
- Canada (1)
Articles 1 - 30 of 50
Full-Text Articles in 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 …
Introduction: Transnational Corporate Concentration-The Issues, Thomas E. Kauper
Introduction: Transnational Corporate Concentration-The Issues, Thomas E. Kauper
Michigan Journal of International Law
Competition policy in the United States, particularly reflected in antitrust policy, in recent years has focused on corporate structure. To some, this emphasis simply reflects a belief in a close correlation between corporate structure and behavior. A single firm monopoly inevitably will restrict output and raise prices above levels that would prevail under competition conditions, distorting allocative efficiency. The behavioral pattern is a direct consequence of structure. Many believe that high corporate concentration, even short of single firm monopoly, is at least conducive to, if not a cause of, monopolistic behavior. Some also view high corporate concentration, and the aggregation …
Structural Aspects Of Multinational Corporate Trade With The Nonmarket Economies Of Eastern Europe: An Mnc Perspective On Domestic And Foreign Regulation, John G. Scriven
Structural Aspects Of Multinational Corporate Trade With The Nonmarket Economies Of Eastern Europe: An Mnc Perspective On Domestic And Foreign Regulation, John G. Scriven
Michigan Journal of International Law
In considering the structural aspects of multinational corporate trade relationships with the nonmarket economies of Eastern Europe, it is important, as a preliminary matter, to acknowledge certain intractable features of that trade. Only through a continuing awareness of the interplay of these factors can one hope to understand the role of law or regulation in trade with these states.
Reflections On Recent Oecd Activities: Regulation Of Multinational Corporate Conduct And Structure, Kurt Stockmann
Reflections On Recent Oecd Activities: Regulation Of Multinational Corporate Conduct And Structure, Kurt Stockmann
Michigan Journal of International Law
In recent, years, the Organization for Economic Cooperation and Development (OECD) has repeatedly addressed, in a variety of forms, the problem of transnational corporate concentration. In the field of restrictive business practices, it has made suggestions on specific antitrust problems, issued council recommendations, and promulgated the 1976 Concil Guidelines for multinational enterprises. Not surprisingly for an organization that adheres to the principle of unanimity and, consequently, is governed by the law of the smallest common denominator, these efforts have thus far focused more on procedure than on substance. Even where quasisubstantive rules have been adopted, such as in competition guideline …
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, …
Recent Development: Amenability Of Foreign Corporations To United States Employment Discrimination Laws, Kevin C. Tyra
Recent Development: Amenability Of Foreign Corporations To United States Employment Discrimination Laws, Kevin C. Tyra
Vanderbilt Journal of Transnational Law
As the Linskey court noted, the existence of employment exemption provisions in over thirty commercial treaties, if liberally construed, would create a loophole in Title VII enforcement. Given the ever-increasing number of United States employees of foreign-owned corporations, liberal treaty constructions could decrease the scope of Title VII.
Nevertheless, the effect on international commerce must be considered. Although equal employment opportunity is a laudable goal, this goal may conflict with the values of other cultures, as it did with the culturally-based organization and management philosophy of the C. Itoh Co. A more prudent approach to the problem of subsidiaries might …
Book Reviews, Edward C. Brewer, Iii., W. Paul Gormley, Allaire U. Karzon.
Book Reviews, Edward C. Brewer, Iii., W. Paul Gormley, Allaire U. Karzon.
Vanderbilt Journal of Transnational Law
DIRECT INVESTMENT AND DEVELOPMENT IN THE U.S.: A GUIDE TO INCENTIVE PROGRAMS, LAWS AND RESTRICTIONS 1980-1981
Raymond Waldmann
Washington D.C.: Transnational Investments, Ltd.; London: Kluwer Publishing, 1980. Pp. viii, 443. $75.00, London £45 plus £1 surface mail.
Reviewed by Edward C. Brewer, III.
-----------------------
NUCLEAR ENERGY AND NUCLEAR WEAPON PROLIFERATION
Frank Barnaby, Jozef Goldblat, Bhupendra Jasani, and Joseph Rotblat,eds. Published for the Stockholm International Peace Research Institute. London: Taylor & Francis, 1979. Pp. xxiv, 462.
Reviewed by W. Paul Gormley
--------------------------------------
INTERNATIONAL ASPECTS OF U.S. INCOME TAXATION Vois. I and III
Elisabeth Owens Boston, Mass.: Harvard Law School, 1980. Pp.305. …
The Transfer Of Technology To Latin America, Gabriel M. Wilner
The Transfer Of Technology To Latin America, Gabriel M. Wilner
Vanderbilt Journal of Transnational Law
This paper focuses on the contractual acquisition of foreign technology through licenses and other contractual arrangements as contrasted with the technological components in the usual direct investment. Such investment is made either in the form of the wholly-owned subsidiary of the transnational corporation or as part of a joint venture. The use of technology as a major component of direct investment has been discouraged over the years, although this trend was reversed in Chile after 1977.
Modern legislation and practice in the regulation of technology transfer is characterized in the several Latin American countries possessing such a regime by administrative …
United States Regulations And Acquisitions, Robert J. Radway
United States Regulations And Acquisitions, Robert J. Radway
Vanderbilt Journal of Transnational Law
Will protectionist sentiment in the United States result in the imposition of barriers ultimately impeding the flow of this foreign technology, or will the realities of reciprocity soften the restrictive legislation in some of the developing countries which are increasingly becoming technology exporters? It is clear that the international economic system becomes increasingly interdependent each year. What is ever more apparent is that trade flows, international capital movements, and the transnational transfer of technology are inextricably interrelated with other issues involved in the Global Dialogue, such as the role of energy in development, (including petroleum and alternate sources), the stabilization …
Antitrust And International Know-How, Joel Davidow
Antitrust And International Know-How, Joel Davidow
Vanderbilt Journal of Transnational Law
It has been rumored that some political strategists would like to channel negotiations between developed countries of the North and developing countries of the South toward a trade-off allowing unrestricted access to Northern technology in exchange for decartelized supplies and prices for Southern raw materials. Each side would give away some of its heritage in exchange for improved access to the primary asset of the other. The negotiation shave faltered. In regard to many crucial issues they have never really begun, and in some respects the two sides have moved further apart over time. The classical economist sees no reason …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
Books Received
Direct Investment and Development in the U.S.: A Guide to Incentive Programs, Laws and Distinctions
Raymond J. Waldmann
Washington, D.C.: Transnational Investments, LTD., 1980. Map, Tables and Glossary. Pp. 443.
-------------------------------
Taxing Unfair International Trade Practices
Greyson Byran
Lexington, Mass: Lexington Books, 1980. Pp. 360. $34.95.
-------------------------------------
The Constitutions of the Communist World
Edited by William B. Sinons
Netherlands: Sijthoff & Noordhoff, 1980. Pp. 662.
-------------------------------------
The Circular
Part I by Eric J. Herpin and Part II by Charles A.Dilley
Brussels: Emile Bruylant, 1979. Pp. 216.
----------------------------------------
International Corporate Taxation
Philip P. Postlewaite
Colorado Springs, Colorado: Shepard's/McGraw-Hill Book …
Unctad's Draft Code Of Conduct On The Transfer Of Technology: A Critique, James W. Skelton, Jr.
Unctad's Draft Code Of Conduct On The Transfer Of Technology: A Critique, James W. Skelton, Jr.
Vanderbilt Journal of Transnational Law
UNCTAD's fourteenth plenary meeting on May 6, 1980, produced the latest of several attempts to draft such a code. The document is entitled "Draft International Code of Conduct on the Transfer of Technology" (Draft Code), and this draft will be the primary subject of analysis in this article. The drafters of the code face a number of problems, the least of which is the ultimate determination of the code's legal character and, consequently, its legal effect. This determination and other problem areas confronting the drafters, including the code's special preferences for developing countries, the core chapter on restrictive practices, and …
Technology Transfer As An Issue In North/South Negotiations, Homer O. Blair
Technology Transfer As An Issue In North/South Negotiations, Homer O. Blair
Vanderbilt Journal of Transnational Law
For a number of years, negotiations have been taking place on an international scale, usually under the auspices of the United Nations or one of its specialized agencies, on a wide variety of subjects involving technology transfer between the developed countries (the North) and the less developed or developing countries (the South). Three primary groups are involved in the United Nations negotiations. The first is known as the Group of 77, which now includes more than 120 developing countries, including countries in South and Central America, Africa, and Asia. Within this group the degree of development varies from countries such …
Domestic International Sales Corporations (Discs): How They Provide A Tax Incentive For Exports, Garrison R. Cox
Domestic International Sales Corporations (Discs): How They Provide A Tax Incentive For Exports, Garrison R. Cox
Vanderbilt Journal of Transnational Law
This Note examines the logical and empirical validity of the reasons for the passage of the DISC legislation. Basically, the DISC legislation was prompted by the negative trade balance in 1971, a novel phenomenon in post-World War II United States. Providing a tax break on producers' export income was viewed as a way of reducing trade deficits by stimulating exports. On its surface, using "tax expenditures" to reach this goal seems logical, or at least benign. But when one considers that the primary thrust of the legislation was to encourage small producers to enter the export market, the logic of …
The "Economic" Analysis Of Transnational Mergers, William James Adams
The "Economic" Analysis Of Transnational Mergers, William James Adams
Michigan Journal of International Law
No congregation of lawyers can be considered complete without a token economist. The role of the economist consists of describing the economic mode of analyzing the legal problem under consideration. Unfortunately from the standpoint of the token, economists rarely agree on criteria appropriate for the appraisal of economic phenomena. With respect to transnational corporate mergers, four modes of analysis may be described legitimately as economic.
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 …
Emerging United States Policy With Regard To The International Movement Of National Cultural Property, Cyd B. Wolf
Emerging United States Policy With Regard To The International Movement Of National Cultural Property, Cyd B. Wolf
Maryland Journal of International Law
No abstract provided.
Maritime Transport: The Evolution Of International Marine Policy And Law By Edgar Gold, Robert C. Evans
Maritime Transport: The Evolution Of International Marine Policy And Law By Edgar Gold, Robert C. Evans
Maryland Journal of International Law
No abstract provided.
Foreign Investment In United States Real Estate: Congress Acts To Reduce Incentives, Patricia A. Mathias
Foreign Investment In United States Real Estate: Congress Acts To Reduce Incentives, Patricia A. Mathias
Maryland Journal of International Law
No abstract provided.
A View Of Mexican-U.S. Trade, Harry A. Inman
A View Of Mexican-U.S. Trade, Harry A. Inman
Maryland Journal of International Law
No abstract provided.
Export Controls To China: An Emerging Trend For Dual-Use Exports, Sally A. Meese
Export Controls To China: An Emerging Trend For Dual-Use Exports, Sally A. Meese
Maryland Journal of International Law
No abstract provided.
Most-Favored-Nation Treatment And The Multilateral Trade Negotiations: A Quiet Revolution, Seymour J. Rubin
Most-Favored-Nation Treatment And The Multilateral Trade Negotiations: A Quiet Revolution, Seymour J. Rubin
Maryland Journal of International Law
No abstract provided.
Export Trading Company Act Of 1982: Prospects And Analysis, Douglas Rigler, Carol Lottman
Export Trading Company Act Of 1982: Prospects And Analysis, Douglas Rigler, Carol Lottman
Maryland Journal of International Law
No abstract provided.
The Federal Regulation Of American Port Activities, Richard A. Lidinsky Jr., Deborah A. Colson
The Federal Regulation Of American Port Activities, Richard A. Lidinsky Jr., Deborah A. Colson
Maryland Journal of International Law
No abstract provided.
Antidumping: Currency Fluctuations As A Cause Of Dumping Margins, William Dickey
Antidumping: Currency Fluctuations As A Cause Of Dumping Margins, William Dickey
Maryland Journal of International Law
No abstract provided.
An Examination Of Itc Determinations On Imports: The Basis For "Substantial Injury", Charles Samuel Thompson
An Examination Of Itc Determinations On Imports: The Basis For "Substantial Injury", Charles Samuel Thompson
Maryland Journal of International Law
No abstract provided.
Countertrade And Barter: Alternative Trade Financing By Third World Nations, Thomas B. Mcvey
Countertrade And Barter: Alternative Trade Financing By Third World Nations, Thomas B. Mcvey
Maryland Journal of International Law
No abstract provided.