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Articles 61 - 90 of 114

Full-Text Articles in Antitrust and Trade Regulation

Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller Jan 2000

Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller

Northwestern Journal of International Law & Business

The vigorous and non-discriminatory enforcement of antitrust law can contribute to promoting an international marketplace characterized by an open competitive process. However, antitrust law is, at best, a supporting player in constructing a liberal multilateral trading order, and is incapable of promoting any single country's exports. This article suggests a small, but important, role for United States antitrust law in promoting that competitive marketplace in conjunction with a developing wave of competition law around the globe.

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Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay Jan 2000

Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay

Northwestern Journal of International Law & Business

As more and more U.S. companies engage in overseas operations, even the most routine merger or acquisition seems to have a transnational component which requires analysis and perhaps premerger notification under an increasing number of foreign "competition laws" (or what we call antitrust laws). An understanding of those competition rules has become an imperative for American lawyers.

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Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber Jan 2000

Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber

Northwestern Journal of International Law & Business

Kingman Brewster's exceptionally influential Antitrust and American Business Abroad (1958) came to symbolize an era in antitrust law and in the relationship of U.S. business to international economic activity. It gave conceptual contours to a fundamental problem that had been only dimly perceived before -- namely, the need to define the reach of U.S. antitrust law.' In a masterful and much expanded third edition of the book, Professor Spencer Waller marks the transition to a new, very different, and far more complex era in antitrust law and in its significance for international business. We have only begun to recognize and …

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Trading Secrets--The International Antitrust Enforcement Assistance Act, Laraine L. Laudati, Todd J. Friedbacher Jan 1996

Trading Secrets--The International Antitrust Enforcement Assistance Act, Laraine L. Laudati, Todd J. Friedbacher

Northwestern Journal of International Law & Business

This article will explore the terms of the IAEAA, questioning in particular whether the Act provides a viable mechanism for information exchange, as well as whether it embodies a true commitment to argued to the European Court of Justice that the Agreement should have been concluded by the European Council rather than the European Commission. French Republic v. Commission of the European Communities, Case C-327/91 (1994).

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Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani Jan 1996

Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani

Northwestern Journal of International Law & Business

The article discusses a GATT/WTO panel report that the author disagrees with and it lays out the proposals that he would implement to modify the report.

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Through A Glass Darkly: The Case Against Pilkington Plc. Under The New U.S. Department Of Justice International Enforcement Policy, Jeffrey N. Neuman Jan 1996

Through A Glass Darkly: The Case Against Pilkington Plc. Under The New U.S. Department Of Justice International Enforcement Policy, Jeffrey N. Neuman

Northwestern Journal of International Law & Business

An inquiry into subject matter jurisdiction under the 1995 Guidelines and in U.S. v. Pilkington, plc. requires a brief examination of the history of extraterritorial enforcement policy since the mid-1970s. This is set forth in section II. Next, in section III, the comment analyzes the ebb and flow of judicial approaches to U.S. antitrust subject matter jurisdiction, focusing on the pre- and post-FTAIA eras. Section IV looks specifically at the 1995 Guideline and the Justice Department's grounds for asserting U.S. subject matter jurisdiction against Pilkington. In doing so, the comment suggests that in an interdependent global economy, an aggressive jurisdictional …

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The North American Free Trade Agreement: In Whose Best Interest? Jan 1992

The North American Free Trade Agreement: In Whose Best Interest?

Northwestern Journal of International Law & Business

On October 17, 1991, the Journal of International Law & Business hosted a round table discussion on the implications and impact of the proposed North American Free Trade Agreement. This discussion focused on the implications of free trade between the United States and Mexico. Five panelists from a variety of Chicago institutions and organizations discussed their personal and institutional perspectives regarding the proposed Agreement.

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The Impact Of Eec Competition Law On The Music Industry, Frank L. Fine Jan 1992

The Impact Of Eec Competition Law On The Music Industry, Frank L. Fine

Northwestern Journal of International Law & Business

The purpose of this article is to examine the relevance of EEC competition law (or antitrust law as it is known in the United States) to the music industry. EEC antitrust cases concerning other media, such as satellite broadcasting, are discussed to the extent that they are relevant. It will be shown that EEC antitrust law has a pervasive effect on the music industry and will play an important role as the industry exploits the EEC market.

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The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar Jan 1991

The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar

Northwestern Journal of International Law & Business

This article examines some antitrust aspects of the Australia-New Zealand free trade accord. The first section will trace the development of trans-Tasman2 free trade, noting the long history of efforts to liberalize trade between the two countries. The next part analyzes the role antitrust law played in the movement to free trade. The final two sections raise a number of outstanding issues and problems yet to be resolved by Australia and New Zealand policy makers.

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Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers Jan 1991

Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers

Northwestern Journal of International Law & Business

The courts of both the United States and the European Communities have upheld the legality of various licensing restrictions. One such restriction, the "field-of-use" restriction, is the subject of this article. A field-of-use restriction prohibits a licensee from realizing the benefits of the license in certain technical fields. Field-of-use restrictions are usually written as restricting use to a particular field rather than listing prohibited fields… This article first sets forth an economic justification for the legality of field-of-use restrictions, concluding that such restrictions are usually pro-competitive. The article then analyzes the relevant law in both the United States and the …

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Merger Control In The European Community: The Ec Regulation "On The Control Of Concentrations Between Undertakings" And Implementing Guidelines, Terence P. Stewart, Delphine A. Abellard Jan 1990

Merger Control In The European Community: The Ec Regulation "On The Control Of Concentrations Between Undertakings" And Implementing Guidelines, Terence P. Stewart, Delphine A. Abellard

Northwestern Journal of International Law & Business

The European Community (EC) is currently adopting comprehensive new legislation within the framework of its internal market program, which is expected to transform the way business is conducted in the EC. By December 1992, the Community should be well on its way to becoming an integrated economy, with about 320 million consumers. Not surprisingly, the number of mergers and acquisitions in the EC across national boundaries is increasing in response to the prospects of a larger consumer base and greater market opportunities. The new EC Regulation "On the Control of Concentrations Between Undertakings" is one element of the EC's ambitious …

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Taxes, Market Structure, And International Price Discrimination, Richard C. Henderson Jan 1989

Taxes, Market Structure, And International Price Discrimination, Richard C. Henderson

Northwestern Journal of International Law & Business

The Department of Commerce's current cost-based calculation methods cannot measure tax pass-through. In one case, however, Commerce has employed a sophisticated econometric model of supply (cost) and demand elasticities to estimate tax pass-through. Because econometric models can do more than simply measure pass-through, the U.S. Government should adopt an econometric approach in all antidumping cases. Econometric models recognize the dependence of prices on market structure. These models thereby allow the U.S. Government to segregate pricing behavior consistent with different market structures from behavior that injures a balanced set of U.S. interests, which includes producers, consumers, and downstream industries.

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An International Antitrust Challenge, James A. Rahl Jan 1989

An International Antitrust Challenge, James A. Rahl

Northwestern Journal of International Law & Business

Most of the developed nations outside the Communist bloc profess competition and antitrust as basic features of economic policy. But faith in the value of competition, vigorous though it may be in protection of the domestic economy, weakens or disappears entirely when nations face outward in their exports and sales in foreign markets.

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A Tribute To Professor James A. Rahl, Rene Joliet Jan 1989

A Tribute To Professor James A. Rahl, Rene Joliet

Northwestern Journal of International Law & Business

Many leading American and European lawyers and professors have wished to pay tribute to James A. Rahl-itself ample testimony to his fame in the field of business regulation.

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Introduction To Rahl Symposium, Joel Davidow Jan 1989

Introduction To Rahl Symposium, Joel Davidow

Northwestern Journal of International Law & Business

This Symposium deals with one of the central questions in James Rahl's illustrious academic career-how to preserve and improve inter- national competition. That issue can be viewed as one of competition policy, trade policy, or antitrust enforcement. This Symposium deals only with the third topic, but the first two issues set the legislative context, which is often crucial.

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We Need More "Old-Time Relglion": A Response To Jim Rahl, Douglas E. Rosenthal Jan 1989

We Need More "Old-Time Relglion": A Response To Jim Rahl, Douglas E. Rosenthal

Northwestern Journal of International Law & Business

Jim Rahl believes in the old-fashioned religion of open global markets and free international competition, uncontaminated by private or public restraints. He has pursued this goal brilliantly, aggressively, and consistently for more than thirty years. While the problem Jim presents in this issue indicates his frustration that we are still far from achieving the goal, it is in no small part thanks to him, and the force of his scholar- ship and advocacy, that some real progress has been made.

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Harmonization: A Doctrine For The Next Decade, Mark R. Joelson Jan 1989

Harmonization: A Doctrine For The Next Decade, Mark R. Joelson

Northwestern Journal of International Law & Business

I share much of Professor Rahi's assessment of the present situation and his desire for a resolution that will recognize the interdependence of the world's economies and give to everyone the benefits of competition. The last forty years or so of experience in international antitrust instruct us, however, that there is no "quick fix" in this regard and, indeed, that we antitrust lawyers cannot impose any system, whether it be a Havana Charter or an unbridled national doctrine of extraterritoriality, on a world that is not economically or politically ready for it. We will just have to be patient and …

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The Janus-Face Of Competition Policies, Kurt Stockmann Jan 1989

The Janus-Face Of Competition Policies, Kurt Stockmann

Northwestern Journal of International Law & Business

Professor Rahl's critical statement on competition policies unfortunately is accurate. Where such policies have been adopted and implemented, they are two-faced like the Roman god of time, one face looking at the domestic market and the other at the markets of the rest of the world. As far as the domestic market is concerned, the policies that are formulated are, in general, reasonably consistent with the adopted basic principles of effective competition. Of course, in many countries there are still regulations, exemptions, and exceptions that are not easily compatible with these principles, and implementation is sometimes even more difficult. In …

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Competition Of Competition Laws, Karl M. Meessen Jan 1989

Competition Of Competition Laws, Karl M. Meessen

Northwestern Journal of International Law & Business

The situation is succinctly described by Professor Rahl. There are indeed inconsistencies in competition policy, law, and enforcement. One cartel, tolerated or even endorsed by the exporting state, may fall subject to the verdict of the competition law of the importing state. States do not seem to remember that they adopted the resolution containing the Code on Restrictive Business Practices ("RBP Code") by way of consensus, thereby pledging to take "appropriate action" against restrictive business practices "adversely affecting international trade, particularly that of developing countries ...."

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International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood Jan 1989

International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood

Northwestern Journal of International Law & Business

It is no accident that many of the most provocative disputes about the allocation of jurisdiction among nations have arisen in antitrust cases.' Because antitrust regulates the competitive process, and because competition itself never remains neatly within the boundaries of individual countries, the inevitable result is that more than one nation can and does assert the right to prescribe mandatory rules of conduct. This in turn leads to a pressing need to develop rules for the resolution of those jurisdictional conflicts, a need made even more urgent by the absence of a choice of law solution to the problem in …

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European Community Competition Law And Member State Action, John Temple Lang Jan 1989

European Community Competition Law And Member State Action, John Temple Lang

Northwestern Journal of International Law & Business

Article 90 of the European Economic Community Treaty ("Treaty") prohibits member states from authorizing or ordering behavior infringing upon European Economic Community ("Community") antitrust law, even in the case of state enterprises. Indeed, Community law does not include a state action doctrine. However, it is not yet clear to what degree this prohibition prevents member state measures having competition-restricting effects. This article considers that question.

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Gatt And The Half-Life Of Uranium Industry Protection, James R. Wilch Jan 1989

Gatt And The Half-Life Of Uranium Industry Protection, James R. Wilch

Northwestern Journal of International Law & Business

The uranium market can never truly be "free," however. Because uranium has few metallurgical uses, and because there is a real danger of weapons-grade uranium falling into irresponsible hands, non-proliferation restraints and tight safety regulation are required on uranium trade. Nevertheless, this Comment will show that civilian uranium trade policy can be formulated to resolve the tension between GATT, and military security and nonproliferation interests.

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International Competitive Harm And Domestic Antitrust Laws: Forms Of Analysis, David J. Gerber Jan 1989

International Competitive Harm And Domestic Antitrust Laws: Forms Of Analysis, David J. Gerber

Northwestern Journal of International Law & Business

Professor Rahl has focused this Symposium on the potential harms to states and to the international economic and political systems caused by export exemptions to antitrust laws. The problem is that states generally apply their antitrust laws only to conduct that affects their own territory. Assuming that anticompetitive conduct produces harmful effects somewhere, a state's decision not to apply its antitrust principles to ex- port conduct encourages competitive harm at the international level ("international competitive harm") by increasing incentives for businesses to engage in such conduct. The question Professor Rahl poses, therefore, is: How can we explain this problem, and …

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Does Exposure To International Trade Justify Relaxed Antitrust Treatment Of Mergers, William James Adams Jan 1989

Does Exposure To International Trade Justify Relaxed Antitrust Treatment Of Mergers, William James Adams

Northwestern Journal of International Law & Business

When industries are exposed to foreign competition, relaxation of antitrust law in general, and of antimerger law in particular, may be justified in two ways. First, it may be argued that the ability to compete with foreigners requires possession of market power. One variant of this argument stresses the desirability of market power itself. Domestic enterprises must neutralize restrictive practices abroad -- whether they are inspired by foreign governments or merely tolerated by them -- if such enterprises are to enjoy their "natural" comparative advantages. A second variant of the argument emphasizes the growth of minimum efficient scale in manufacturing, …

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The Role Of National Antitrust Laws In The Promotion Of International Competition, James R. Atwood Jan 1989

The Role Of National Antitrust Laws In The Promotion Of International Competition, James R. Atwood

Northwestern Journal of International Law & Business

Professor Rahl's international antitrust challenge is a first-class, pocket-sized introduction to a debate that has run for decades and yet shows no signs of exhaustion. The piece echoes many of the themes of Professor Rahl's important 1974 Cornell article, while bringing new freshness and vigor to the problem. His challenge demonstrates, in a few simple pages, that the scores of books and hundreds of articles of the last fifteen years have still not resolved key policy questions on the role of national antitrust laws in international commerce.

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Professor And Dean James A. Rahl, David S. Ruder Jan 1989

Professor And Dean James A. Rahl, David S. Ruder

Northwestern Journal of International Law & Business

Professor and former Dean James A. Rahl has been an important part of Northwestern University School of Law for fifty years. It is a great pleasure to recount the admirable record of this dedicated person whose scholarship, good humor, and general leadership have presented a model for lawyers, law students, and law faculty for so many years.

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International Restraints Of Competition: A Regulatory Outline, Wernhard Moschel Jan 1989

International Restraints Of Competition: A Regulatory Outline, Wernhard Moschel

Northwestern Journal of International Law & Business

The international nature of economic activity runs parallel with the international nature of restraints on competition. Cartel agreements, mergers, and even unilateral measures, such as calling for a boycott, can have effects that cross national borders. In contrast, the actual enforcement of an individual state's laws is confined to that state's territory. Due to this divergence, loopholes have arisen in the endeavors to combat restraints on competition. In principle, there are two possible approaches to finding a solution to this problem. One is international, the other national. Each includes a number of variations.

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Antitrust And The Future: World Markets, Transnational Restraints, Eleanor M. Fox, Lawrence A. Sullivan Jan 1989

Antitrust And The Future: World Markets, Transnational Restraints, Eleanor M. Fox, Lawrence A. Sullivan

Northwestern Journal of International Law & Business

In the last decade we have seen a new internationalization of business and a new internationalization of competition/industrial policy. The internationalization of business has led to lively, and some would say destructive, competition within the United States. The internationalization of competition/industrial policy could invite a return of world cartels.

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Merger Policy And Industrial Policy , Keith Cowling Jan 1989

Merger Policy And Industrial Policy , Keith Cowling

Northwestern Journal of International Law & Business

The article by Adams and Brock is a welcome and important antidote to current government thinking about merger policy, both in the United States and in Europe. In both regions, the government approach presumes the efficiency-creating properties of mergers and, therefore, adopts an extremely permissive stance. The declared imperative of international competitiveness echoes the view towards mergers which prevailed in Europe during the 1960s. However, while the analysis of Adams and Brock is both important and correct, I believe it is also incomplete. If bigness is a problem created largely by the laxity of past merger policy, then it is …

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Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc: International Arbitration And Antitrust Claims, Lisa Sopata Jan 1986

Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc: International Arbitration And Antitrust Claims, Lisa Sopata

Northwestern Journal of International Law & Business

Arbitration is an attractive alternative for parties entering into commercial transactions. Parties to international contracts often include arbitration clauses in an attempt to protect their rights and to eliminate uncertainties in the event of a dispute. A court may nevertheless treat a given dispute as nonarbitrable if the issue is highly charged with conflicting public policy concerns. The United States Supreme Court in the recent landmark decision, Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth Inc., held that private antitrust claims are arbitrable in a transaction arising in international commerce. The court ruled in a five-to-three decision that if an international contract …

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