Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Eec Antitrust: Community Adoption Of The Parker Doctrine, Gilbert P. Verbit
Eec Antitrust: Community Adoption Of The Parker Doctrine, Gilbert P. Verbit
Vanderbilt Journal of Transnational Law
Once it concluded that the Sherman Act did not apply to the states, the United States Supreme Court apparently found it necessary to hold that the Act did not reach agents of the state or those whose action was compelled by the state. The state action defense to an antitrust proceeding was thus created. In Cantor, at least four Justices decided they did not like the results of this experiment, and they virtually put an end to the state action defense. The Court of Justice of the European Communities was not similarly pressured to find a state action defense to …
Recent Decisions, Robert S. Patterson, George M. Taylor, Iii
Recent Decisions, Robert S. Patterson, George M. Taylor, Iii
Vanderbilt Journal of Transnational Law
The instant decision is an evolutionary step in the development of extraterritorial antitrust but it falls short of establishing a workable standard. What the decision does point out is that the courts lack the experience and expertise necessary to deal effectively with the application of antitrust laws abroad. This inexperience will further erode the consistent application of United States antitrust laws abroad as the courts begin to hear cases involving less obvious offenses and less significant effects on United States commerce." If, as Sabbatino suggests,' the primary competency of the Executive in foreign affairs is to be the major factor …