Extraterritorial Antitrust

Extraterritorial Antitrust

Author: James B Townsend

Publisher: Routledge

Published: 2019-04-18

Total Pages: 247

ISBN-13: 0429727534

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This book, the first unbiased investigation of the effects of extraterritorial antitrust on U.S. business abroad, examines the influence of the Sherman Antitrust Act on the market-entry strategy of U.S. multinational corporations and assesses the interaction of public interest and the law.


Enforcing Antitrust Against Foreign Enterprises

Enforcing Antitrust Against Foreign Enterprises

Author: C. Canenbley

Publisher: Springer Science & Business Media

Published: 2013-06-29

Total Pages: 199

ISBN-13: 9401743770

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Introduction VII I. Brief outline of substantive law provisions I Introduction I 1. 0 1. 1 I USA Germany 1. 2 2 1. 3 EEC 2 1. 4 France 3 1. 5 U. K. 4 1. 6 Switzerland 5 1. 7 Italy 5 1. 8 Australia 5 2. Is there substantive provision under national law for the extrat- ritorial application of that law? 7 2. 0 Introduction 7 2. 1 USA 7 2. 2 Germany 8 2. 3 EEC 9 2. 4 France 9 2. 5 U. K. 10 2. 6 Switzerland 11 2. 7 Italy 11 2. 8 Australia 11 3. Relevant principles of intemationa11aw 12 The princip1e of State Sovereignty 3. 1 12 The intemational1aw princip1e of Comity 3. 2 13 3. 3 The right to be heard in your own defence 13 3. 4 Jurisdiction based upon nationality; Personal Jurisdiction 14 3. 4. 1 USA 14 3. 4. 2 Germany 15 3. 4. 3 EEC 15 France 3. 4. 4 15 3. 4. 5 U. K. 16 3. 4. 6 Switzer1and 16 3. 4. 7 Ita1y 16 Australia 3. 4. 8 16 IX 3. 5 State hospitality to commerce 16 3. 5. 1 USA 17 3. 5. 2 EEC 17 3. 5. 3 Germany 18 3. 5. 4 Switzerland 18 4. National procedural ru1es 19 4. 0 Introduction 19 4. 1 USA 20 4. 1. 1 Written requests for information (discovery orders) 20 4. 1.


Some aspects of the extraterritorial reach of the American antitrust laws

Some aspects of the extraterritorial reach of the American antitrust laws

Author: Hendrik. Zwarensteyn

Publisher: Springer Science & Business Media

Published: 2013-06-29

Total Pages: 183

ISBN-13: 940174467X

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General While there is an abundance of literature dealing with the American antitrust laws, one can also observe that the application of this area of the law to foreign commerce is still in an evolutionary stage of development. To some extent this can be quantiflably explained by pointing out that the rapid rise of the interests of the American business community in foreign commerce is only a fairly recent 1 phenomenon. This participatory interest reveals a wide spectrum of commercial activities. While the traditional concept of foreign commerce was often limited to thinking in terms of exports and imports, present commercial activities include also such marketing methods as the establishment of foreign branches or subsidiaries, or 2 the location of manufacturing, processing, or assembly plants abroad. To this array of arrangements, most of which contemplate a widening of the market potential, we may add the current merger movement, the conglomerate charac ter of which has been termed its 'most unique characteristic,. 3 Little wonder that at least one author refers to the application of the 311titrust laws to foreign commerce as being still somewhat of a 'frontier area of the law'. 4 Because of the rapidly expanding participation of the American business community in interna tional commerce a gradual evolution of the international dimensions of the American antitrust laws seems therefore within the realm of justifIed expecta tions.


The Internationalisation of Antitrust Policy

The Internationalisation of Antitrust Policy

Author: Maher M. Dabbah

Publisher: Cambridge University Press

Published: 2003-10-30

Total Pages: 350

ISBN-13: 1139438506

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The internationalisation of antitrust policy is a topic of great contemporary significance and debate. Dr Dabbah provides an inquiry that is at once clearly stated, original and empirical, setting out the relevant issues in the context of law, economics and politics. He draws on the decisional practice of antitrust authorities, actions and statements of political bodies, as well as the decisions of law courts. Providing a detailed examination of the experiences of the European Community and the United States, Dr Dabbah includes a comprehensive examination of central concepts and ideas related to antitrust law and practice. The book concludes by looking forward to potential developments in the landscape and suggests an approach to the internationalisation of antitrust policy. This will be of interest to antitrust officials, as well as international organisations, members of the business community, academics, researchers and policy-makers who are involved in antitrust law and policy.


National Laws and International Commerce

National Laws and International Commerce

Author: Douglas E. Rosenthal

Publisher: Routledge

Published: 2017-10-10

Total Pages: 140

ISBN-13: 135138886X

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This Chatham House Paper, first published in 1982, examines the problem of extraterritoriality. A wide range of economic activity is subject to the laws of more than one state, yet there is little provision for resolving situations where states impose contradictory requirements. This paper is particularly concerned with four areas of difficulty: extraterritorial anti-trust enforcement; overlapping regulatory claims; economic regulation for political aims; and different approaches to adjudication.


The Extraterritorial Effects of Antitrust Law on Transfer of Technology Transactions

The Extraterritorial Effects of Antitrust Law on Transfer of Technology Transactions

Author: Guillermo Cabanellas

Publisher:

Published: 1988

Total Pages: 204

ISBN-13:

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This book tackles the problem of determining which national or supranational laws will be applicable to international transfer of technology transactions. It therefore is of particular interest to practitioners in this field, who will find it helpful for drafting and negotiating international transfer of technology contracts. The study focuses on the extraterritorial effects of antitrust laws as they have been developed and applied in the United States and the European Economic Community, taking into consideration, where necessary, other antitrust systems from a comparative perspective. The author′s analysis of the problem reveals that an adequate equilibrium between the different legal systems involved may be attained through the application of certain basic general principles of international law. To this extent, the book constitutes an important contribution to the general doctrine of international antitrust law. Cabanellas is also author of the book ′Antitrust and Direct Regulation of International Transfer of Technology Transactions′ (IIC Studies, Volume 7. 1984. 175 pages. DM 68,–. VCH Verlagsgesellschaft, Weinheim). This book gives a comprehensive overview of the rules that apply directly to the international transfer of technology and compares them with the rules that apply to such transactions under antitrust and