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Full-Text Articles in Law
Toward A Unified Theory Of Exclusionary Vertical Restraints, Daniel A. Crane, Graciela Miralles
Toward A Unified Theory Of Exclusionary Vertical Restraints, Daniel A. Crane, Graciela Miralles
Articles
The law of exclusionary vertical restraints-contractual or other business relationships between vertically related firms-is deeply confused and inconsistent in both the United States and the European Union. A variety of vertical practices, including predatory pricing, tying, exclusive dealing, price discrimination, and bundling, are treated very differently based on formalistic distinctions that bear no relationship to the practices' exclusionary potential. We propose a comprehensive, unified test for all exclusionary vertical restraints that centers on two factors: foreclosure and substantiality. We then assign economic content to these factors. A restraint forecloses if it denies equally efficient rivals a reasonable opportunity to make …
Article 235 Of The Treaty Establishing The European Economic Community: Potential Conflicts Between The Dynamics Of Lawmaking In The Community And National Constitutional Principles, Franziska Tschofen
Michigan Journal of International Law
The purpose of this essay is to analyze the extent to which the present interpretation and application of article 235 of the Treaty appears to be incompatible with basic national constitutional safeguards such as the principles of democracy, the "Rule of Law," sovereignty and federalism and to discuss ways to reconcile potential incompatibilities. To this end, Part I will explore the scope of the authority of EEC organs under article 235 as delimited by the European Court of Justice and legal scholars. Part II will analyze potential conflicts between Community powers exercised pursuant to article 235 of the Treaty and …
The "1992 Project": Stages, Structures, Results And Prospects, Claus-Dieter Ehlermann
The "1992 Project": Stages, Structures, Results And Prospects, Claus-Dieter Ehlermann
Michigan Journal of International Law
The "1992 project" has radically changed the European Community. It has given the "common market" new impetus and has lifted the Community out of the deep crisis in which it was bogged down in the first half of the 1980s. The consensus which has been re-established amongst all the Member States through the "internal market" exercise was enshrined in the Single European Act and the acceptance of the Delors package in February 1988. The financial underpinning of the "1992 project," through the reform of the structural funds and the Community's finance system, has given the "internal market" exercise such credibility …
Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick
Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick
Michigan Journal of International Law
Transcript of a panel on Europe in 1992.
The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick
The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick
Michigan Journal of International Law
As the concept of a unified European market becomes more of a reality as we approach 1992, talk of a "Fortress Europe" has heightened sensitivity on trade issues among officials of the United States and the European Community ("EC"). The EC's plan to ban the sale of meat treated with growth hormones within the Member-States has presented a trade issue disconcerting to both sides. This brewing tempest has raised many interesting legal issues involving the dispute settlement provisions set out in the Agreement on Technical Barriers to Trade ("Standards Code"). This note examines why the process failed to resolve, and …
Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein
Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein
Michigan Law Review
The term "recognition" has many meanings. We speak in family law of a "recognized child," in public international law of recognizing a newly emerged state or newly installed government, and in private international law (conflict of laws) of recognizing foreign judgments or legal persons. In both public and private international law, it is the nation-state that grants or denies recognition. In public international law, the "recognizing" nation-state expresses "a value judgment acknowledging that a given fact situation is in accord with the exigencies of the international legal order." In private international law (or conflict of laws), on the other hand, …