Comparative and Foreign Law Commons^™

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.

The Role Of Efficiency Justifications In U.S.-American And West German Merger Control Law: A Comparison, Christian Westerhausen

LLM Theses and Essays

When merger control laws first emerged in the United States and West Germany in the early 1900s, some businessmen and economists argued that the efficiency of businesses was impeded by antimerger laws. They contended that only very large businesses could realize significant efficiencies, be internationally competitive, and attain technological progress. This paper analyzes the role that these efficiency arguments had on the laws in West Germany and the United States, respectively. German law mainly upheld the idea that preservation of competition was most important for business efficiency, but also included a provision that firms could put forward the social desirability …

Laker Airways: Recognizing The Need For A United States-United Kingdom Antitrust Treaty, Mark P. Barbolak

Penn State International Law Review (1982 - 2011)

This article analyzes the conflict between the United States and the United Kingdom regarding the extraterritorial application of American antitrust laws. It begins by presenting a history of the dispute and then describes how that dispute culminated in a judicial battle in the Laker Airways litigation.

The article recognizes, however, that the question of extraterritorial application of United States antitrust laws is too political in nature to be determined in the judicial arena. Indeed, recent attempts by United States courts to balance United States and foreign interests have done nothing to assuage Britain's aversion toward American antitrust laws. This article …

Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb

LLM Theses and Essays

Chapter I of this paper will focus on the current approach to the delimitation of the relevant market, the determination of market concentration and the legal requirements for a challenge of market dominating enterprises. In Chapter II, because of the interdependency between monopoly and antimerger policy, the present legal situation of mergers shall be analyzed. Finally, the theories of the problem of the jurisdictional reach of antitrust laws will be considered in Chapter III.

The Injury Test Under The Us And Eec Antidumping And Courntervailing Law, Francois Gabriel

LLM Theses and Essays

Antidumping and countervailing legislation contain two tests. First, is the import product dumped or subsidized? Second, is it causing injury to the domestic producers? The latter test, which is the most controversial in the history of antidumping and countervailing legislation, is, in a comparative perspective between the EEC and the USA, the focus of this thesis.

Antitrust Sanctions And Remedies: A Comparative Study Of German And Japanese Law, John O. Haley

Washington Law Review

The legal systems of the Federal Republic and Japan have much in common. The basic institutions and concepts of German civil, criminal, and administrative law provided the principal models for Japan's legal reforms during the late nineteenth and early twentieth centuries. Contemporary legislation and doctrinal changes in the Federal Republic also continue to influence Japanese legal developments. Despite the American origins of Japanese antitrust legislation, which was drafted by Americans and imposed during the Occupation on a less than enthusiastic Japanese government, the influence of German law and practice on Japanese antitrust law, at least since 1953, has been profound. …

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Extraterritorial Application Of German Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Investment And The Andean Pact: From Political Response To Legal Structures To Safe Harbors, Robert Carcano

Penn State International Law Review (1982 - 2011)

The Latin American experience clearly establishes that economic development involves profound social and political change. Despite modernization efforts, economuc benefits eluded Latin American leaders. This fact led to the widespread perception that a new international legal strucure had to be forged if the region's myriad social concerns were to be addressed. Regional economic integration was a necessary first step.

Integration enabled Latin American statesmen to address insurmountable national problems on a regional level. In the Latin American context, however, economic integration efforts became intertwined with the new nationalism. Despite this beginning, the structures that eventually arose formed a relationship which …

Enjoining The Application Of The British Protection Of Trading Interests Act In Private American Antitrust Litigation, Michigan Law Review

Michigan Law Review

This Note argues that American courts should mitigate the impact of the PTIA on American antitrust litigation by enjoining British defendants from pursuing their rights under the Act. Part I examines the Act's principal effects on antitrust enforcement and the settlement process, and concludes that these effects are serious enough to warrant judicial intervention. Part II establishes a court's power to issue transnational antisuit injunctions, and considers the propriety of doing so. After briefly rejecting two practical objections to such injunctions - that they are impossible to enforce and will provoke international retaliation - Part II analyzes the doctrine of …

United Kingdom Regulation Of Transnational Corporate Concentration, J. Denys Gribbin

Michigan Journal of International Law

This article begins by describing the United Kingdom's policy toward outward and inward direct investment and then sets out the essentials of the competition laws that are among the major, nondiscriminatory regulatory mechanisms that affect corporate behavior and planning. The article also analyzes the development of competition policy as a microeconomic instrument along with its application to monopoly, oligopoly, and cartels involving transnational corporations. Competition policy, except for cartels, is shown to be relatively benign toward mergers until recently, and with respect to monopoly and oligopoly has sought remedies in regulation of prices and behavior rather than through structural change. …

The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge

Northwestern Journal of International Law & Business

The European Coal and Steel Community Treaty and the Treaty of Rome have been recognized as transferring the jurisdictional authority to apply antitrust laws to the European Communities. After surveying the impact of these treaties on various sectors, the author argues that it is necessary to subordinate the jurisdictional authority of the Member States in this field to fulfill the objectives of the Common Market.

The Rise And Fall Of Provisional Validity -- The Need For A Rule Of Reason In Eec Antitrust, Valentine Korah

Northwestern Journal of International Law & Business

The doctrine of provisional validity invented by the Community Court now applies to very few agreements. Mrs. Korah believes that unless a rule of reason is applied to restraints ancillary to agreements that lead to new competitive pressures, the risk of collaboration may become excessive. Mrs. Korah also expresses concern that this may reduce the dynamism of Community industry in competition with American and Japanese firms.

National Panasonic (U.K.) Ltd. V. Commission Of The European Communities: The Common Market's First Look At Warrantless Searches In Antitrust Investigations, Catherine C. Gale

Northwestern Journal of International Law & Business

In Antitrust Investigations National Panasonic (UK) Ltd v. Commission of the European Communities' is the first decision of the European Court of Justice delineating the powers of the European Commission to conduct evidentiary searches on the premises of firms suspected of violating the European Economic Community's antitrust laws. The Court held that the Commission may conduct on-the-spot searches of firms without prior notification. The Court's decision greatly expands the investigatory powers of the Commission at the expense of significant privacy and due process rights for firms operating within the European Community. This note will examine the extent to which the …

Canadian Merger Policy And Its International Implications, Eric K. Gressman

Michigan Journal of International Law

The implications of Canadian merger policy are of deep concern to U.S. and other foreign investors who have invested or are considering investing in Canada. U.S. interests own 60 percent of Canada's manufacturing industry. In 1978, approximately 250 mergers in Canada involved a foreign-owned or foreign-controlled buyer (usually U.S.). Therefore, it is not surprising that Canada's merger policy is no less important to the decisions of foreign investors in Canada than the Justice Department's policies are to domestic investors in the United States. At the same time, the Canadian government and public are concerned with their merger policy as a …

Appendix 1: Foreign Monopoly And Merger Law

Michigan Journal of International Law

This Appendix consists of brief descriptions of the monopoly and merger laws of several nations. These descriptions are not intended to provide a complete statement of any one nation's antitrust statutes and case law. Rather, they are included in this volume to permit the reader to observe the widely divergent approaches to the regulation of economic concentration. These summaries may not contain the latest case law developments or statutory amendments. It is hoped, however, that they provide a sound starting point for investigation of the regulatory regimes of the nations included in this collection.

Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann

Michigan Journal of International Law

The Federal Republic of Germany's Law Against Restraints on Competition (the ARC), establishes an extensive regime for regulating market-dominating enterprises. Therefore, large corporations, both national and multinational, are the subject of particular scrutiny in the Federal Republic. Rather than identify and address all the provisions pertinent to corporate concentration (a task whose tedium would be matched only by its enormity), this analysis will undertake three tasks: (1) briefly describe the general scope of West German merger law, (2) discuss the application of the law to cases of transnational concentration, and (3) explain the proposed Fourth Amendment to the ARC as …

German Merger Control: A European Approach To Anticompetitive Takeovers, Rolf Belke, W. David Braun

Northwestern Journal of International Law & Business

European free-market countries recently have begun to enact more laws regulating mergers and joint-ventures, with Germany at the forefront. In this article, Messrs. Belke and Braun intensively analyze the German merger control law, including the criteria that necessitate a report to the German Cartel Office, its application of the substantive merger control rules, and possible exceptions to an anti-merger ruling. They also explore the impact of the German law on international mergers and joint-ventures. Finally, they discuss in detail the first two German Supreme Court decisions that construed the substantive rules and contrast them with similar American cases.

European Views Of United States Anti-Bribery And Anti-Boycott Legislation, E. Ernest Goldstein

Northwestern Journal of International Law & Business

Today, the United States Congress has made an attempt to legislate against corrupt practices and to encourage other countries to do the same. During the past year, I have had the opportunity to meet with numerous European groups in conferences, seminars, conventions, and one-day study sessions to discuss the most recent American legislation dealing with immoral business practices: the Foreign Corrupt Practices Act and the anti-boycott legislation within the Export Administration Amendments of 1977. This perspective is not intended to reproduce the remarks made on such occasions to European businessmen and lawyers, nor is it a scientific survey of European …

Control Of Concentrations In The European Economic Community: Evolving Restrictions On The Urge To Merge, Stephen F. Smith

Villanova Law Review (1956 - )

No abstract provided.

The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke

Washington Law Review

The Antimonopoly Law of Japan became effective in July 1947, less than two decades ago. The act was extravagantly endorsed by the U.S. occupation forces as a charter for the economic future of Japan. It was indeed a significant undertaking, designed to implant democratic practices where none had existed before, and it required basic, almost revolutionary, changes in the economic structure of the nation. Equally important was the circumstance that this law was neither sought nor desired by the Japanese. It was imposed upon a defeated people, a device entirely alien to the history and culture of those who were …

British Antitrust In Action, Michael Conant

Michigan Law Review

The Restrictive Trade Practices Act of 1956 was the first positive anti-monopoly statute in the United Kingdom since the Statute of Monopolies in 1623. Now that the statute has been in effect four years there are sufficient decisions and consent orders to make possible a report on its operation. Since most American readers are unfamiliar with the legal and economic background of the Restrictive Trade Practices Act, the prior common law in this area and the 1948 monopolies investigation statute will be summarized first. This summary is followed by an analysis of the structure of the 1956 Act, of the …