Law Commons^™

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

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 …

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.

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. …

Sherman Act Applications To Predation By Controlled Economy Enterprises Marketing In The United States: Departures From Mechanical Formulae, Deborah M. Levy

Michigan Journal of International Law

In a reproachful dissent in United States v. Columbia Steel, the late Justice Douglas sought to remind his brethren what the antitrust laws of the United States are all about: [A]ll power tends to develop into a government in itself. Power that controls the economy should be in the hands of elected representatives of the people, not in the hands of an industrial oligarchy. Industrial power should be decentralized.... That is the philosophy and the command of the Sherman Act.

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

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 …

Foreign Commercial Dispute Settlement In The People's Republic Of China, Sally Lord Ellis, Laura Shea

Maryland Journal of International Law

No abstract provided.

Countertrade And Barter: Alternative Trade Financing By Third World Nations, Thomas B. Mcvey

Maryland Journal of International Law

No abstract provided.

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

Maryland Journal of International Law

No abstract provided.

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

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

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

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, …

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.

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Taxing Unfair International Trade Practices

Greyson Byran

Lexington, Mass: Lexington Books, 1980. Pp. 360. $34.95.

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The Constitutions of the Communist World

Edited by William B. Sinons

Netherlands: Sijthoff & Noordhoff, 1980. Pp. 662.

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The Circular

Part I by Eric J. Herpin and Part II by Charles A.Dilley

Brussels: Emile Bruylant, 1979. Pp. 216.

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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.

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

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

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 …

A View Of Mexican-U.S. Trade, Harry A. Inman

Maryland Journal of International Law

No abstract provided.

Book Review, Alexander W. Sierck

Maryland Journal of International Law

No abstract provided.

The Joint Venture Law Of The Peoples' Republic Of China: Business And Legal Perspectives, David I. Salem

Maryland Journal of International Law

No abstract provided.

Maritime Transport: The Evolution Of International Marine Policy And Law By Edgar Gold, Robert C. Evans

Maryland Journal of International Law

No abstract provided.

U.S. Export Promotion In The Foreign Assistance Program, Kenneth E. Fries, Nancy D. Frame

Maryland Journal of International Law

No abstract provided.

Most-Favored-Nation Treatment And The Multilateral Trade Negotiations: A Quiet Revolution, Seymour J. Rubin

Maryland Journal of International Law

No abstract provided.

An Examination Of Itc Determinations On Imports: The Basis For "Substantial Injury", Charles Samuel Thompson

Maryland Journal of International Law

No abstract provided.

Export Controls To China: An Emerging Trend For Dual-Use Exports, Sally A. Meese

Maryland Journal of International Law

No abstract provided.

Antidumping: Currency Fluctuations As A Cause Of Dumping Margins, William Dickey

Maryland Journal of International Law

No abstract provided.

Foreign Investment In United States Real Estate: Congress Acts To Reduce Incentives, Patricia A. Mathias

Maryland Journal of International Law

No abstract provided.

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.