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Full-Text Articles in Law
The Protection Of Trading Interests Act Of 1980: Britian's Response To U.S. Extraterritorial Antitrust Enforcement, Tina J. Kahn
The Protection Of Trading Interests Act Of 1980: Britian's Response To U.S. Extraterritorial Antitrust Enforcement, Tina J. Kahn
Northwestern Journal of International Law & Business
The extraterritorial enforcement of U.S. antitrust laws has long generated discontent between the United States and several European nations.1 While not alone in attributing extraterritorial jurisdiction to its antitrust laws, the United States is among the minority in this re- gard,2 joined only by the European Economic Community,3 Austria,4 and the Federal Republic of Germany.
The Need For A Thoughtful Assessment Of The Application Of U.S. Antitrust Law To International Transactions, Mark R. Joelson
The Need For A Thoughtful Assessment Of The Application Of U.S. Antitrust Law To International Transactions, Mark R. Joelson
Northwestern Journal of International Law & Business
It is commonly said that the United States antitrust laws are a cor- nerstone of our free enterprise system and our economic philosophy. It is another truism--one of more recent origin-that the most significant markets and arenas of competition today are the international ones. The daily business news bears out this conclusion. Yet one must also conclude that the relationship between these two indispensable features of our economic life-antitrust laws and international trade-is a troubled one which provides ample material for confusion, dispute and law review comment. Moreover, the debate over the application of United States antitrust law to international …
Competition, Trade, And The Antitrust Division: 1981, Joel Davidow
Competition, Trade, And The Antitrust Division: 1981, Joel Davidow
Northwestern Journal of International Law & Business
One of the primary purposes-some would say the primary pur- pose--of antitrust laws is to promote efficient allocation of resources and maximum consumer choice by preventing and punishing artificial barriers to competition and unreasonable restraints of trade.' The An- titrust Division of the U.S. Department of Justice has therefore con- cerned itself with the task of breaking down those barriers. In the domestic field, this policy has traditionally taken the form of prosecut- ing persons and corporations who engage in price fixing or market divi- sion, or who obtain or maintain monopoly power by means of abusive practices. More recently, …
Symposium: Transnational Issues In American Antitrust Law
Symposium: Transnational Issues In American Antitrust Law
Northwestern Journal of International Law & Business
On September 30, 1980, the United States Senate passed a bill that would establish a commission to study the international application of American antitrust laws.' The creation of this commission was prompted in part by the popular belief that the current application of U.S. antitrust laws impedes vigorous American export activity to the detriment of our competitive standing in world markets.2 On the other hand, several foreign nations, angered by extraterritorial application of U.S. laws, have recently enacted statutes that inhibit the ability of anti- trust plaintiffs in the United States to obtain discovery and to collect judgments. In this …
International Application Of American Antitrust Laws: Issues And Proposals, James A. Rahl
International Application Of American Antitrust Laws: Issues And Proposals, James A. Rahl
Northwestern Journal of International Law & Business
American antitrust policy in foreign commerce is once again under the pressure of complaints from at home and abroad.' It may seem anomalous that laws intended to protect competition are charged with impairing American "competitiveness," but that is the contention heard in Congress and in business quarters.2 Meanwhile, some foreign nations, including a few who have recently enacted new antitrust laws of their own, complain that our antitrust laws are too aggressive.3 Given the large amount of current discussion and the number of different proposals in Congress, careful study of the issues and of possi- ble solutions is certainly indicated.
What Should Be The Agenda Of A Presidential Commission To Study The International Application Of U.S. Antitrust Law, Douglas E. Rosenthal
What Should Be The Agenda Of A Presidential Commission To Study The International Application Of U.S. Antitrust Law, Douglas E. Rosenthal
Northwestern Journal of International Law & Business
If the proposed Presidential Commission to study the Interna- tional Application of the U.S. Antitrust Law (Commission)' is to com- plete its work within the one year period contemplated and is to achieve more than a superficial gloss of a large and complex area, I believe it will be necessary for the Commission to concentrate its atten- tion on the conflicts between the four important goals of foreign eco- nomic policy.