international competition affect domestic antitrust policy

1436 results for international competition affect domestic antitrust policy

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  • Preemption and choice-of-law coordination.

    ... should uphold the state law unless another policy cuts in the opposite direction. (172) This ..."invalidat[ing] statutes that may adversely affect interstate commerce by subjecting activities to ... than a State's authority to regulate domestic corporations, including the authority to define ...Given national and international securities markets and firms' need to standardize ...'s "laboratory," jurisdictional competition is not always wealth increasing, and when state ... of the Center for State Enforcement of Antitrust and Consumer Protection Laws, Inc. as Amicus ...

  • 'Not Merely There to Help the Men': Equal Pay Laws, Collective Rights, and the Making of the Modern Class Action.

    ... than any other event, the case opened a policy window and then, in turn, provided the key ... women in the 1930s continued to work in domestic and personal service, the roughly 20% of working ...(107) But it was also not uncommon in antitrust and securities cases at midcentury for a ...-female occupations, with its International Ladies Garment Workers Union seeing an especially ... a rash of decisions that could adversely affect and upset collective bargaining relations." (395) ... the active labour force, out of the competition for jobs with returning veterans and with their ...

  • A constitutional theory of imperative participation: delegated rulemaking, citizens' participation and the separation of powers doctrine.

    ... implement, interpret, or prescribe law or policy." (269) This definition requires differentiation ... open-ended policymaking potentially affecting and involving trade-offs among broad social ... States as a Democratic Ideal?: International Lessons in Referendum Democracy, 79 TEMP. L. REV. ...: Due Process, Non-Delegation, and Antitrust Challenges, 37 HARV. J.L. & PUB. Pol'Y 931, 954 ... the codes were not used to get rid of competition. A. L. A. Schechter Poultry Corp., 295 U.S. at ..., The Law and the Creation of a New Domestic Intelligence Agency in the United States, in The ...

  • Production and utilization facilities; domestic licensing: Antitrust review authority; clarification,

    ... question: ``whether as a matter of law or policy the Commission may and should eliminate all ... license transfers is of interest to, and affects, more than only the parties directly involved in, ...v. International Union, 367 U.S. 396, 409 (1961). See id. at 458, ... statutory purpose of promoting competition.'' APPA comments at 3 (emphasis in original). ...

  • 202 F.3d 573 (2nd Cir. 2000), 99-6080, Name.Space, Inc. v Network Solutions

    ...Name.Space alleged antitrust and First Amendment violations against NSI, then ...         I. Competition in Domain Name Registration and the Privatization ...and internationally, over the addition of new gTLDs to the Internet. ... On July 1, 1997, in response to growing domestic and international concerns regarding the future ..., the Commerce Department published a final policy statement known as the "White Paper" on June 10, ...("Not all injunctions that may incidentally affect expression . . . are 'prior restraints' . . . . ...

  • Cartels, agency costs, and finding virtue in faithless agents.

    ... and agent, this Article argues that antitrust policy should maximize agency costs in cartels by ... auction houses ceased their fierce competition when each announced a new policy of ... the multi-hundred million dollar international market in lysine--an amino acid added to animal ... some major victories against both domestic and international cartels. For example, firms in ... employees to expose price fixing will also affect the firms' incentives to engage in--and ...

  • Foreign direct investment, trade, and China's competition laws.

    ... the context of three principal international concerns relating to the restrictive or ... the ability to review any transaction affecting its "national security," which may provide China ... recognized a need to ensure that its domestic market would be free from price fixing, ... soon issue a draft of a comprehensive antitrust law that would deal directly with many of the ... parameters and objectives of antimonopoly policy in China: (51) . This law is enacted for the ...

  • Reports and guidance documents; availability, etc.: Antitrust laws modernization,

    ... such authority, how, if at all, should it affect the availability of damages awarded to private ... Robinson-Patman Act promote or reduce competition and consumer welfare? If so, how? What other ... imposed on private parties by the FTC's policy of pursuing permanent relief through an ...VI. International. 1. Should the FTAIA be amended to clarify the ...14302. vi. Certain agreements involving domestic and foreign airlines. See 49 U.S.C. 41308-09. ...

  • HOW 'COMMERCE AMONG THE SEVERAL STATES' BECAME 'INTERSTATE COMMERCE,' AND WHY IT MATTERS.

    ... power-extending doctrines such as the affecting commerce test and the necessary and proper ... commerce among the states for American domestic policy, the interpretation of the meaning of each ... in all questions of constitutional, international, and (if I may venture the term) interstate law." ... with whether the newly passed Sherman Antitrust Act (60) would apply to a monopoly of the ... of independent producers to suppress competition between its members is a restraint upon commerce, ...

  • 709 F.2d 980 (5th Cir. 1983), 81-2405, Multiflex, Inc. v. Samuel Moore & Co.

    ...         This is an antitrust case under sections 1 and 2 of the Sherman ... producing hydraulic hose bundles in competition with Moore. He contracted with Gates Rubber Co. ...International . . Harvester Co., supra, 274 U.S. [693,] at ... market success could be expected to affect the quantum of a damage award. We find that ... market and time frame as foreign or domestic. The model developed by Multiflex's expert looked ... non-existent, inconsistent with antitrust policy, or unconnected with the true rationale for ...

  • Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport

    ..., contact Molly Smith, Office of Aviation Policy and Plans, Federal Aviation Administration, 800 ... practices and unfair methods of competition in air transportation or the sale of air ... 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use. VI. ..., operating under then-authorized antitrust immunity, and the airlines would agree to the ... issues at HDR airports, particularly for domestic operations. However, carriers without a ...

  • 135 F.3d 1289 (9th Cir. 1998), 95-55747, Richards v. Lloyd's of London

    ..., California, for amicus curiae United Policy holders.         Leonard D. Venger, ... and choice of forum clauses in an international transaction. The district court found that they ..., Lloyd's oversees and regulates the competition for underwriting business in the Lloyd's market. ... the Names contend that these were purely domestic securities sales. They claim that Lloyd's ... right to pursue statutory remedies for antitrust violations, we would have little hesitation in ...13, yet it never suggested that this affected the validity of a forum selection clause. See ...

  • Algorithms and speech.

    ... (or any other particular entity) might affect the application of First Amendment scrutiny but ..., laws of general applicability like antitrust and tax laws are treated as laws that do not ...An entity's public declaration of its policy thus would, in ordinary circumstances, constitute ... financially from a lessening of competition in the boycotted market.'" (133) . One unsettled ... encryption software pursuant to the International Traffic in Arms Regulations); Karn v. Dep't of ... national debt and related numbers--gross domestic product, credit card debt, etc.). . (64) Note ...

  • 881 F.3d 75 (D.C. Cir. 2018), 15-1177, PHH Corp. v. Consumer Financial Protection Bureau

    ... International" in support of petitioners. . .   \xC2"... . . unfair methods of competition in commerce. The FTC, ". charged with the nforcement of no policy except the policy. of the law," Humphrey’s ... they would have to affect the same constitutional concern and. ... and social life— from securities to antitrust to. telecommunications to labor to energy. ... such as domestic violence, Long, 635 F.3d 526. And. in ...

  • PRIOR ART IN THE DISTRICT COURT.

    ..., the Supreme Court has pursued an express policy of welcoming patent disputes into court and ... settling patent litigants to potential antitrust liability. (6) All of this to drum up more patent ... "patent monopoly," thereby increasing competition to the benefit of consumers. (11) The second is ... the Supreme Court's decision in KSR International Co. v. Teleflex Inc. (74) All of these studies ... legal grounds and patent number of the affected patent. When a patent was invalidated for ... prior to the focal patent's earliest domestic priority claim. In these cases, the challenger ...

  • 742 F.2d 1520 (D.C. Cir. 1984), 83-1265, Advanced Micro Devices v. C.A.B.

    ..., RCA Corporation, Rockwell International and . Signetics Corporation, Petitioners, . ...In one, the Board issued policy regulations regarding the circumstances under ... the other, the Board approved and gave antitrust immunity to an international cargo rate agreement ...MILLER, ECONOMIC REGULATION OF DOMESTIC AIR TRANSPORT 187-92 (1974). ... . mergers and methods of competition, and police intercarrier agreements. See ...         Each of these enactments affected the way in which the CAB could regulate rates. ...

  • 725 F.3d 718 (7th Cir. 2013), 12-3406, KM Enters., Inc. v. Global Traffic Technologies, Inc.

    ... suit alleges that GTT violated federal antitrust laws by improperly interfering with competitive ... into GTT's GPS technology and harming competition in the GPS market. Notably, none of this illegal ..., at least in the case of out-of-state domestic corporations, see GE v. Bucyrus-Erie Co. , 550 ... Antitrust Actions in the Federal Courts: A Policy Analysis , 67 Iowa L. Rev. 485 (1982) (Section 12 ... at 424 (quoting Webster's Third New International Dictionary (Unabridged) 2283 (1986)), the ...'s acts which occur in Illinois or which affect interests located in Illinois." RAR, Inc. v. ...

  • Enhancing Airline Passenger Protections III

    ... include service quality data for their domestic scheduled flights operated by their code-share ... practices and unfair methods of competition in the provision of air transportation (49 U.S.C. ... of ``reporting carrier'' will not only affect the pool of carriers reporting on-time ...Airports Council International-North America (ACI-. NA) states that the ... with rulemakings and other important policy decisions. As stated in the NPRM, the current 1.0 ... discrimination, or violations of the antitrust laws. It has been the longstanding policy of that ...

  • Common control and the delineation of the taxable entity.

    ... and to what extent ownership of the asset affects the terms of financing. (51) . Another example of ... that exported and imported copper internationally. ASARCO owned 51.5% of the shares of Southern ..., in STATE TAXATION OF BUSINESS: ISSUES AND POLICY OPTIONS 69, 73 (Thomas F. Pogue ed., 1992) ... been remarked on most frequently in the antitrust context. See, e.g., Michael R. Baye & Joshua D. ... of Sections 269 and 482 with respect to domestic corporations in recent years.."). . (148.) See ..., Capital Mobility and Tax Competition: Theory and Evidence for OECD Countries, 18 EUR. ...

  • Agency enforcement of spending clause statutes: a defense of the funding cut-off.

    ... grantee noncompliance reflects substantive policy disagreements rather than mismanagement, ... be allocated through grant programs--can affect the agency's own administrative budget. Congress ...544, 556 (2007) (holding that, if antitrust complaints are to survive a motion to dismiss, .... (164.) The education grant competition Race to the Top, for example, considered the ...Domestic Working Grp. 18 (Oct. 2005), ...); Neomi Rao, Public Choice and International Law Compliance: The Executive Branch Is a "They," ...

  • Head of state immunity as sole executive lawmaking.

    ... the Executive Branch lacks authority to affect private rights unless authorized by Congress to ... Congress "clearly delineates the general policy, the public agency which is to apply it, and the ..., a period in which the prevailing international norms were becoming uncertain, and in which the ... giving notice." (114) But nothing in our domestic law changed the law-of-nations baseline: "Our ... President to implement "codes of fair competition"); Panama Ref. Co. v. Ryan, 293 U.S. 388 (1935) ..., the United States brought an antitrust suit against foreign corporations, including a ...

  • Labor as Property: Guestworkers, International Trade, and the Democracy Deficit

    I. Introduction II. Commodification, Globalization, And The Democracy Deficit A. Commodification of Labor in Historical Context B. Globalization Heightens the Commodification of Labor C. The Democracy Deficit: Workers Lacking Voice in Politics and at Work III. A Muffled Voice For Guestworkers A. Historical Lessons: The Problems of the Braceros B. H-2A, H-1B, and H-2B Workers C. Objections to...

    ... voice of the workers who will be most affected by these trade negotiations. This can be seen in ...16 On the domestic front, guestworkers are by nature unrepresented ... moral objections as well as the economic, policy, and historical problems with guestworker ... or article of commerce" in the Clayton Antitrust Act. 60 While the practical reason for this ... on imports, and increase global competition among unskilled workers. 68 . . . In his book, ...

  • A Model Litigation Finance Contract

    Litigation financing is nonrecourse funding of litigation by a non-party for a profit. It is a burgeoning and controversial phenomenon that has penetrated the United States in recent years. Since "most of the important phenomena of modern litigation are best understood as results of changes in the financing and capitalization of the bar," it is not surprising that litigation financing...

  • 148 F.3d 1285 (11th Cir. 1998), 97-5144, Lipcon v. Underwriters at Lloyd's, London

    ... clauses ("choice clauses") in international agreements. Although we recognize that it is a ... fairness and do not contravene public policy. Finally, we conclude that Irmgard, Mitchell, ..., Lloyd's oversees and regulates the competition for underwriting business in the insurance ... subject matter jurisdiction that is not affected . . by the parties' agreement to litigate ... to pursue the statutory remedy for antitrust violations, we would have little hesitation in ... result would be forthcoming in the domestic context.").         Appellants rely as ...

  • Corporations and human rights: a theory of legal responsibility.

    ... redistributive agenda, but from international organizations composed of states both rich and ... respond in an ad hoc manner, driven by domestic priorities or by legal frameworks that are likely ... argument fits within broader academic and policy debates about the power of transnational ...'s ties with the government, its nexus to affected populations, the particular human right at issue, ... consumer protection, bribery, competition, and information disclosure. (352) The codes .... (111.) See, e.g., RICHARD A. POSNER, ANTITRUST LAW: AN ECONOMIC PERSPECTIVE 225-36 (1976); John ...