Comparative and Foreign Law Commons^™

Foreign Firm Access To Japanese Distribution Systems: Trends In Japanese Antitrust Enforcement, Jiro Tamura

Washington International Law Journal

The Japanese substantive competition law is, in theory, very well equipped to prevent anticompetitive behavior that restricts competition. In reality, the JFTC has been weak in enforcing the law. The JFTC has been particularly weak in two areas, boycotts and non-price vertical restraints, making market entry difficult for foreign firms. In response to criticisms of weakness, the JFTC released the 1991 Guideline that states that boycotts may constitute an unreasonable restraint of trade and be subject to administrative surcharges and possible criminal sanctions. Despite the strengthening of the law against boycotts, no cases have been brought. Furthermore, the JFTC has …

Kodak And Aftermarket Tying Analysis: Some Comparative Thoughts, William R. Andersen

Washington International Law Journal

This article examines three recent cases—one from the U.S. Supreme Court, one from the European Court of Justice and one from the High Court of Osaka—dealing with the antitrust implications of aftermarket tying arrangements. Tying occurs when the manufacturer of a machine refuses to sell spare parts to independent repair and service companies. The antitrust implications of tying will be of growing importance in the future as manufactured equipment becomes ever more complex and dependent on specialized repair parts and service. After an introductory review of conventional tying doctrine, the paper compares the approaches of the three courts, finding them …

Dirigisme And The Challenge Of Competition Law In France (With R. Azarnia), David J. Gerber

All Faculty Scholarship

No abstract provided.

Antitrust Law In Jamaica: The Fair Competition Act Of 1993, Derrick Mckoy

Florida State University Journal of Transnational Law & Policy

No abstract provided.

U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko

LLM Theses and Essays

Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …

Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber

All Faculty Scholarship

No abstract provided.

The "Duty To Deal" Under Section 46: Panacea Or Pandora's Box?, George A. Hay, Kathryn Mcmahon

Cornell Law Faculty Publications

The privatisation and restructuring of public monopolies and the deregulation of other essential services in Australia and other countries have focused attention on the need for rules which can foster competition and efficiency in the resulting markets. Australia, of course, already has the Trade Practices Act 1974 (Cth) (the "Act"), and the question that has been raised is whether the Act is adequate to deal with the kind of competitive problems that are likely to arise in such markets. Of particular concern is the situation in which a firm controls the supply of an input that is critical in the …

Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit

Michigan Law Review

A Review of Antitrust In a World of Interrelated Economies: The Interplay Between Antitrust and Trade Policies in the US and the EEC by Mário Marques Mendes

Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Antidumping Laws And Principles Under The Gatt: Protecting Protection, The “Dunkel Drafts” And After The Uruguay Round, Heejang Yoo

LLM Theses and Essays

The antidumping laws of the U.S., Canada, Australia, European countries, and other developing countries are seen as protectionist of those nation’s local industries at the expense of foreign exporters. The fact that foreign exporters cannot obtain a meaningful judicial review of these antidumping laws only compounds the matter. This thesis urges nations to adopt multilateral competition-oriented antidumping polices and to abandon producer-oriented protectionist laws. Even if the notion of trade liberalization has been discredited under the GATT, the author advocates a return to such a goal in the context of antidumping laws. In reaching this conclusion, this thesis analyzes current …

Restrictions On Cartels In Japan Comparing With Those On Horizontal Price-Fixing In The United States, Shinobu Obata

LLM Theses and Essays

This thesis examines restrictions on price-fixing cartels under Japan's Antimonopoly Law (AML) in comparison with U.S. antitrust law governing horizontal price-fixing under Section 1 of the Sherman Act. Written against the backdrop of the 1989–1990 Structural Impediments Initiative (SII), in which the United States urged Japan to enforce its antitrust laws more aggressively against exclusionary cartel practices, the thesis traces the legal history of the AML — from its 1947 enactment under U.S. occupation influence, through its 1953 relaxation (which deleted the strict per se illegality provision and introduced cartel exemptions), to the renewed push for aggressive enforcement in the …

The Application Of U.S. Antidumping Law To The Imports From The People's Republic Of China: Review Of Evolution And Need For Revolution, Li Yang

LLM Theses and Essays

Despite the dramatic increase in trade between the U.S. and China since the normalization of relations between the countries in 1979, China is still confronted with U.S. laws that hinder trade. The most serious threat to Sino-U.S. trade is the U.S. antidumping law, which authorizes the imposition of a duty on imported merchandise that the Department of Commerce determines is sold at less than fair value, if the U.S. International Trade Commission determines the U.S. industry in that field is materially injured. This law and cases interpreting it are examined. With its low wage rate and lack of cost accounting, …

Legal Instruments Enabling Cooperation Between Enterprises: A Study On The European Economic Interest Grouping With A Comparative Perspective On American Law, Vincent Mignon

LLM Theses and Essays

The purpose of this study is to examine and evaluate some of the most pertinent legal issues raised by the European Economic Interest Grouping. This study identifies some important unresolved problems pertaining to the EEIG, and propose tentative solutions, and examine the value that an instrument like the EEIG might have for the development similar structures under American law. The analysis aims to determine whether there is a need in American law for a specific legal instrument aimed at fostering cooperation among enterprises.

Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber

All Faculty Scholarship

No abstract provided.

Overview Of Section 337 Of The Tariff Act Of 1930: A Primer For Practice Before The International Trade Commission, 25 J. Marshall L. Rev. 459 (1992), William L. Lafuze, Patricia F. Stanford

UIC Law Review

No abstract provided.

Approach To Horizontal Restraint: Reliance On Exemption From Antimonopoly Act In Japan As Contrasted With Antitrust Laws In The United States, Yutaka Sumii

LLM Theses and Essays

American politicians and businessmen have criticized the Antimonopoly Act, Japanese antitrust legislation, for allowing horizontal restraints on trade known as cartels. This paper compares and contrasts U.S. antitrust laws with regards to horizontal restrains on trade from that of Japan. A highlighted difference between U.S. and Japanese antitrust legislation is the use of exemptions. The Antimonopoly Act provides for more exemptions immunizing a cartel, such as exceptions for cartels formed during a depression or when the defendants have little market power, than does similar legislation in the U.S. To illustrate how the exemption for cartels in a depressed industry applies …

A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su

LLM Theses and Essays

Due to the rapid industrialization and commercialization of Taiwan’s economy, many of Taiwan’s old laws regulating economic activity have been rendered obsolete. The lack of proper regulation of modern economic activities has led to the formation of many monopolies and oligopolies in Taiwan which practice price-fixing and output restrictions. The Taiwanese government has responded to this problem with a new antitrust statute, known as the Fair Trade Law (FTL), and a draft FTL was formally adopted in 1986. The strengths and weaknesses of the draft FTL are analyzed with regards to monopolies and oligopolies, mergers and combinations, and concerted actions. …

Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber

All Faculty Scholarship

This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.

Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matter. …

The Convergence Of Law In An Era Of Political Integration: The Wood Pulp Case And The Alcoa Doctrine, James J. Friedberg

Faculty & Staff Scholarship

No abstract provided.

The European Economic Community: Challenge And Opportunity, 24 J. Marshall L. Rev. 145 (1990), Seymour Rothstein, David M. Rosenblatt

UIC Law Review

No abstract provided.

Promotion Of U.S. Foreign Investment In Selected Eastern European Countries In The 1990’S. Comparative Analysis Of Foreign Investment Laws In Poland, The Soviet Union, Yugoslavia, And Hungary And Possible Impact Of The U.S. Law On Their Operation, Dorota Szewc

LLM Theses and Essays

Perestroika describes the historical revolution of political and economic reforms which were aimed at accelerating economic growth, democratization, and openness. As the failings of the socialist economic model became more apparent, Eastern European nations were motivated to enact laws allowing foreign investment. A comparative analysis of these foreign investment laws in Poland, the Soviet Union, Hungary, and Yugoslavia is made. Even with the reforms in Eastern Europe, U.S. law may affect the actions of American investors in Eastern Europe. Specifically, U.S. export control laws effect the trade between the U.S. and countries still deemed to be communist, and U.S. antitrust …

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

All Faculty Scholarship

No abstract provided.

Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez

LLM Theses and Essays

After World War II, there was a push for economic integration to promote growth and prevent conflict. Multinational corporations became key players, but their mobility and links to different countries created legal challenges, with nations seeking to assert their laws and policies over foreign entities. U.S. courts’ efforts to compel compliance with antitrust laws abroad can lead to conflicts with foreign jurisdictions, especially concerning the disclosure of evidence held by foreign entities. The “effects doctrine” allows U.S. antitrust laws to be applied to foreign conduct if they have intended economic effects in the U.S. Subsequent cases refined this doctrine, considering …

Sino-American Equity Joint Ventures In The People's Republic China, Lu Wang

LLM Theses and Essays

This LL.M. thesis provides a comprehensive examination of the legal framework governing Sino-American equity joint ventures in the People's Republic of China, written from the standpoint of an American investor navigating the rapidly evolving Chinese legal landscape of the 1980s. The work traces the development of China's foreign investment regime from the watershed adoption of the 1979 Joint Venture Law through subsequent implementing regulations, and analyzes the practical and legal challenges American investors face in establishing and operating equity joint ventures. Key topics include the nature and legal status of joint ventures under the Joint Venture Law and its implementing …

Per Se Legality Of Vertical Restraints: Contested In America -- Not Debated In Germany: Search For Reasons And Comparison, Rainer F. Hildebrandt

LLM Theses and Essays

The approach towards vertical restraints depends heavily on the outcome of the "battle for the soul of antitrust". Therefore, to make the implications of the dispute more comprehensible, this study necessarily has to prefer to the basics of antitrust policy such as legislative history and political underpinnings. The second chapter addresses the underlying values of American and German antitrust laws and compares the concepts chosen to protect these values. Based on these foundations, chapter three evaluates resale price maintenance. In chapter four, the Supreme Court's judgment in Business Electronics Corp. v. Sharp Electronics Corp. is analyzed according to the GWB …

Trade Regulations In International Transfer Of Technology Agreements: A Comparative View Of National And International Legal Provisions, Franz-Martin Wolff

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of national and international legal frameworks governing the regulation of international transfer of technology agreements, set against the backdrop of the stalled UNCTAD negotiations on a Draft International Code of Conduct on the Transfer of Technology. The work examines the role of national patent systems under the Paris Convention, analyzes proposed modifications — including preferential treatment for Developing Countries — and evaluates the adverse effects of monopolistic rights granted under patent laws. Key topics include antitrust regulation in the United States (Sherman Act per se violations and rule of reason), the European …

Law And The Abuse Of Economic Power In Europe, David J. Gerber

All Faculty Scholarship

No abstract provided.

A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul

LLM Theses and Essays

This work will show that all isolated proposals for the solution of the extraterritoriality problem are fundamentally insufficient. Only a combination of negotiation, agreements and arbitration comes near to a solution of the problem. Taking the example of antitrust and export control laws the author will describe and analyze the different approaches currently discussed to cope with the fact that one sovereign state tries to extend its jurisdiction into the field of another sovereign state. It is to be shown that no approach can succeed as long as the substantive laws in the antitrust and export control field are different.

Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock

UIC Law Open Access Faculty Scholarship

No abstract provided.