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Northwestern Journal of International Law & Business

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Articles 91 - 92 of 92

Full-Text Articles in Antitrust and Trade Regulation

Suing A Foreign Government Under The United States Antitrust Laws: The Need For Clarification Of The Commercial Activity Exception To The Foreign Sovereign Immunities Act Of 1976, James Hugo Friend Jan 1979

Suing A Foreign Government Under The United States Antitrust Laws: The Need For Clarification Of The Commercial Activity Exception To The Foreign Sovereign Immunities Act Of 1976, James Hugo Friend

Northwestern Journal of International Law & Business

Increased state involvement in trade and commerce has manifested itself in a variety of ways, including the growth of producer cartels with sovereign states as members, state monopolization of the sale and production of certain products, the nationalization of industry in peacetime and the concomitant growth of public corporations, and the partial or complete ownership by sovereign states of private corporate entities. The widespread participation of governments in activities of an arguably private nature, especially in view of the Foreign Sovereign Immunities Act of 1976, raises a question of growing practical importance: to what extent are the "commercial" activities of …


United States Ocean Shipping: The History, Development, And Decline Of The Conference Antitrust Exemption, F. Conger Fawcett, David C. Nolan Jan 1979

United States Ocean Shipping: The History, Development, And Decline Of The Conference Antitrust Exemption, F. Conger Fawcett, David C. Nolan

Northwestern Journal of International Law & Business

Since the beginning of this century, the United States has attempted to regulate the shipping industry through governmental oversight. In this article, Messrs. Fawcett and Nolan examine the Shiping Act of 1916, and consider whether it has been misinterpreted by recent judicial interpretations. The authors conclude that the courts' application of United States antitrust laws to the activities of shipping conferences is contrary to congressional intent and the best interests of the industry and American commerce.