Law Commons^™

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Legality Of Extraterritorial Application Of Competition Law And The Need To Adopt A Unified Approach, Thanh Phan

Louisiana Law Review

The article focuses on the international law and the foundation of the extraterritorial application of competition law (EACL) and proposes a unified approach for all countries to use when considering the extraterritorial application of competition law.

Interstate Comparison - Use Of Contribution Margin In Determination Of Price Fixing, Tsui Tat Chee

Pace International Law Review Online Companion

For over a century, anti-trust law has been used to maintain an open and fair market economy by preventing monopolies. However, anti-trust law has never precisely defined the term “monopoly”, which makes evaluating the interactions between the prohibition of monopoly and encouraging competition increasingly challenging.

In 2006, the Hong Kong Government appointed Arculli & Associates Solicitor Firm to study issues relating to competition in the auto-fuel retail market in Hong Kong. A test based on contribution margins was recommended, leading to the conclusion that price fixing is not a crime in the industry.

This article examines the problems related …

Empagran’S Empire: International Law And Statutory Interpretation In The Us Supreme Court Of The 21st Century, Ralf Michaels

Faculty Scholarship

In its Empagran decision in 2004, the US Supreme Court decided that purchasers on foreign markets could not invoke US antitrust law even against a global cartel that affects also the United States. The article, forthcoming in a volume dedicated to the history on international law in the US Supreme Court, presents three radically different readings of the opinion. The result is that Empagran is a decision that is transnationalist in rhetoric, isolationist in application, and hegemonial in its effect. A decision with a seemingly straightforward argument is found riddled in the conflict between these different logics. A decision with …

Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto

Indiana Law Journal

In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …

The United States As Global Cop: Defining The 'Substantial Effects' Test In U.S. Antitrust Enforcement In The Americas And Abroad, Jordan A. Dresnick, Kimberley A. Piro, Israel J. Encinosa

University of Miami Inter-American Law Review

No abstract provided.

Baseball And Globalization: The Game Played And Heard And Watched 'Round The World (With Apologies To Soccer And Bobby Thomson), William B. Gould Iv

Indiana Journal of Global Legal Studies

No abstract provided.

United States Antitrust Law In The Global Market, Diane P. Wood

Indiana Journal of Global Legal Studies

No abstract provided.

Latin American Antitrust, Rafael German

University of Miami Inter-American Law Review

No abstract provided.

The Doctrine Of "Effects" And The Extraterritorial Application Of Antitrust Laws, Najeeb Samie

University of Miami Inter-American Law Review

No abstract provided.

Government Antitrust Actions And Remedies Involving Foreign Commerce: Procedural And Substantive Limitations, William C. Holmes

Northwestern Journal of International Law & Business

In recent years, application of American antitrust laws to activities in foreign commerce has been a source of controversy. In this article, Mr. Holmes addresses criticisms directed at the application of the antirtust laws to commercial activities abroad, and argues that these criticisms, while not without some merit, often fail to recognize the procedural and substantive limitations which have recently been imposed upon government agencies. Mr. Holmes discusses these limitations at length.

Extraterritorial Enforcement Of U.S. Antitrust Laws: The British Reaction, Najeeb Samie

Maryland Journal of International Law

No abstract provided.

Personal Jurisdiction Over Alien Corporate Parents And Affiliates In Antitrust Actions: A Plea For Perspicuity, William D. Kingery Jr.

Syracuse Journal of International Law and Commerce

The purpose of this Comment is to read the entrails of judicial conceptions which have been sacrificed for reasons of public policy. Antitrust law provides a fertile source of cases which consider these problems. Almost since the passage of the Sherman Act, alien corporations have been sued when acts committed abroad have adversely affected U.S. plaintiffs. The extraterritorial application of antitrust law is well established. In most antitrust cases against corporations, a single sixty-year-old statute governs venue and service of process. There is nevertheless little agreement on its meaning.

After a brief review of the historical background, this Comment will …