international competition affect domestic antitrust policy

1436 results for international competition affect domestic antitrust policy

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  • Failure is an option: an ersatz-antitrust approach to financial regulation.

    ...Policymakers, however, cannot credibly commit to refrain from ... of financial institutions would be affected by our rule. . The bright-line rule is simple by ... of antitrust law is fostering price competition in the markets for capital, products, and ... the hard work of managing the nation's domestic business." (19) The seemingly uncontrollable flow ...banks will be disadvantaged in the international banking market. First, syndication remains a ...

  • 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 ...

  • 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 ...

  • Regulatory litigation in the European Union: does the U.S. class action have a new analogue?

    ... gaps" that are considered conscious "policy decisions on the part of agencies and the ... protected as a matter of national, international, and European law. (242) Thus, for example, ...-up regulatory litigation in their own domestic systems, they constitute a neutral means of ...ensure the enforcement of EU competition law," (326) "public enforcement to stop ...REV. 1, 41-52 (2009). . (11) These issues affect questions regarding international enforceability ... on Damages Actions for Breach of the EC Antitrust Rules, COM (2008) 165 final (Apr. 2, 2008) ; ...

  • The Structural Power of Strong Pharmaceutical Patent Protection in U.S. Foreign Policy

    I. Introduction. II. Part One: The Strong Patent Protection View Downplays The Fact That Patents Are Private Property Rights Subject To Similar Conditions As Any Trade Monopoly.III. Part II: The National Interest In United States Foreign Policy: Where Does Access To Essential Drugs For Africans With Hiv/Aids Fit, If At All? A. The National Interest. B. Africa: Access to Essential Drugs and the...

    ... of these stances favors strong international pharmaceutical patent protection, unencumbered by ...domestic market, the TRIPS Agreement acts as a significant ... whose policies are determined by competition among multiple'interest groups . . .'" 86 For ... been changes in activity patterns that affect prices of HIV/AIDS drugs, either upwards or ... POLITICS OF INTELLECTUAL PROPERTY AND ANTITRUST 132 (1998). Sell notes that by shifting to ...

  • Better Together? The Peril and Promise of Aggregate Litigation for Trafficked Workers.

    ... to the United States by Signal International. (6) Following Hurricane Katrina, the marine ..., I examine its scope, the victims most affected by it, and the illegal profits that perpetuate ... victims work in agriculture, domestic service, construction, food service, and ..., protecting consumers, and enforcing antitrust laws. (235) . States assert their parens patriae ... of workers under the state's unfair-competition laws. (329) In states that follow a similar ... or practices "consist[ing] of a uniform policy allegedly applied against the plaintiffs, not ...

  • 636 F.2d 1300 (D.C. Cir. 1980), 78-2160, F.T.C. v. Compagnie de Saint-Gobain-Pont-a-Mousson

    ... addresses a narrow issue of broad international consequence: did Congress expressly or impliedly ... 1 and regulatory 2 reach of domestic agencies may, and often must, extend across ... recognition of those sensibilities must affect our willingness to infer congressional ... the FTC has been engaged in a nonpublic antitrust investigation of the U.S. fiberglass insulation ...from using unfair methods of competition in commerce and unfair or deceptive acts or ... the waters and do violence to our foreign policy ..' " Id. (citations omitted). 35 591 F.2d 951 ...

  • 157 F.3d 922 (2nd Cir. 1998), 97-9258, Filetech S.A. v. France Telecom S.A.

    ... in this action on the ground of international comity. According to the complaint, ... of various provisions of the Sherman Antitrust Act, 15 U.S.C. § 1 et seq. France Telecom ... this use illegal under French unfair competition law because, in copying the electronic directory, ..., and reasonably foreseeable effect" on domestic or import commerce. 15 U.S.C. § 6a(1)(A). The ... had engaged in unlawful conspiracies affecting the United States insurance market, noting that ...]he degree of conflict with foreign law or policy, the nationality or allegiance of the parties and ...

  • 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 ...

  • Territoriality and the First Amendment: free speech at - and beyond - our borders.

    ... that the First Amendment is a wholly domestic concern, one generally impervious to events, ... of people can and do travel across international borders to associate with family members and .... The intraterritorial First Amendment affects speech and association within U.S. territorial ...In sum, policymakers have long recognized and supported an ... relating to employment, securities, and antitrust, have been given extraterritorial effect. (231) . ... through a process of persuasion, competition, and comparison with other speech regimes. . U.S. ...

  • 768 F.3d 938 (9th Cir. 2014), 12-56427, Retail Prop. Trust v. United Bhd. of Carpenters & Joiners of Am.

    ... The Mall is privately owned, but it has a policy for accommodating speech-related activities on ... engaged in commerce or in an industry affecting commerce, where . . . an object thereof is . . . ...at 627 n.16 (quoting International Brotherhood of Electrical Workers v. NLRB , 181 ... § 303 " completely pre-empt[ed]" state antitrust law claims and authorized federal jurisdiction ... of our federalism, in the maintenance of domestic peace is not overridden in the absence of clearly ... policy, which seeks to maximize competition, and national labor policy, which encourages ...

  • Are unions a constitutional anomaly?

    ... of association," a lodestar of international labor law, is defined as the right of workers to ... economy of public sector unions may affect policy judgments about the proper mix of powers, ... product market and take wages out of competition, unionized employers must compete with nonunion ... "the labor question" topped the nation's domestic policy agenda. Labor unions in the United States ... in criminal law, tort law, equity, and antitrust law, eventually cabined and codified into federal ...

  • 325 F.3d 836 (7th Cir. 2003), 00-3700, Metallgesellschaft AG v. Sumitomo Corp. of America

    ...§ 6a, the Foreign Trade Antitrust Improvement Act of 1982 (FTAIA) and (2) the ... of claims of Metal Concentrates International Inc. (MCII), a New York-based, Delaware Company. ...domestic commerce or on U.S. import commerce. It is ... about the amount or nature of commerce affecting U.S. markets; its analysis was done as a matter ... world to create a new International Competition Network, under whose auspices they are attempting ... coordination of international competition policy and enforcement. See, e.g., R. Hewitt Pate, ...

  • In re Vitamin C Antitrust Litigation, 092016 FED2, 13-4791-cv

    ... REVERSE on international comity grounds the district. court's denial ... competition, to safeguard the legitimate rights and ... and (2) a "price verification and chop" policy. ("PVC") implemented in 2002. The Chamber ... Existence of intent to harm or affect American commerce and. its foreseeability; ... true conflict between domestic and foreign law.". (internal quotation ...

  • New first principles? Assessing the Internet's challenges to jurisdiction.

    ...The Customary International Law of Jurisdiction (and a Bit on Treaties) D. ... activity--and its impact on pressing domestic issues such as crime, national security and the ... substantive law areas that have been affected by the Internet, we will develop and illustrate ... enforced, such as securities, anti-competition and intellectual property laws. There are also ...(51) In antitrust law, the controversial "effects doctrine" has ...As a matter of domestic policy, states may take actions that will have, or are ...

  • 694 F.2d 1358 (5th Cir. 1983), 81-2303, Coastal States Marketing, Inc. v. Hunt

    ... petitioning immunity 1 shields from antitrust scrutiny the defendants' pursuit of companies ... in 1971 for a meeting of the London Policy Group, an organization of oil company ... even though intended to eliminate competition. Such conduct is not illegal, either standing ... immunity is not limited to the domestic political arena. 25 . . ... of Justice, Antitrust Guide for International Operations 63 (Jan. 26, 1977) (Case N), reprinted ... degree with voluntary associations made to affect the public opinion to advance the interests of a ...

  • Choosing governance in the FCPA reform debate.

    ... the framework of FCPA enforcement and the policy goals it hopes to achieve. This examination ... many NGOs and other actors in the international community believe that transnational bribery ... typify the agency cost issue that affects all firms. But many FCPA settlements simply ... international developments on issues of domestic compliance. On one hand, as discussed earlier, ... firms are not subject to unfair competition from foreign firms. (211) For example, DOJ ...Ginsburg & Joshua D. Wright, Antitrust Sanctions, Competition Pol'y Int'l, Autumn 2010, ...

  • Digital Ally, Inc. Announces Third Quarter Operating Results.

    ...* International revenues increased to $827,452 (19% of total ... it to commence discovery regarding antitrust claims. The ruling allows Digital Ally to begin ..., many law enforcement agencies, both domestic and international, are actively testing and ...As policy and proper funding fall into place, we are ... connector upgrade program that adversely affected previous quarters' gross margins has been ... in its products in the marketplace; competition from larger, more established companies with far ...

  • Defining Larger Participants of the International Money Transfer Market

    ... Protection Analyst, Office of Supervision Policy, (202) 435-. 7697, Amanda Quester, Senior ... institution, in order to promote fair competition.'' 12 U.S.C. 5511(b)(4). \5\ 12 U.S.C. ... of the market definition to include domestic money transfers. For the reasons that follow, the ... definition in this Final Rule has no antitrust implications. The Bureau neither defines markets ... consumers who could potentially be affected is significant. As noted above, data from the ...

  • PRESERVING LIFE BY RANKING RIGHTS.

    ... focusing on cooperation rather than competition. Ranking life first would probably reduce both ... national risks, but on significant international risks to the lives and health of U.S. citizens, ...(171) . The protection of some rights can affect the scope of conflicting rights. (172) According ... Robbins suggests, "[a] theory of economic policy.. must take its ultimate criterion from outside ...Easterbrook & Daniel R. Fischel, Antitrust Suits by Targets of Tender Offers, 80 MICH. L. ...: Power Players in International and Domestic Natural Disaster Law, 25 CARDOZO J. INT'L & COMP. ...

  • 615 F.3d 525 (D.C. Cir. 2010), 09-1042, NetCoalition v. Securities and Exchange Commission

    ...." Petitioners NetCoalition, a public policy corporation representing approximately 20 ...(b)(5); and " not impose any burden on competition not necessary or appropriate in furtherance of ... are entitled to great deference," Domestic Sec., Inc. v. SEC, 333 F.3d 239, 248 ... distribution of market data significantly affects its ability to attract . . order flow." Id. ... cited the fact that BATS ECN and International Stock Exchange (ISE) provided their depth-of-book ...Solow, Antitrust Law § 506(a) (3d ed. 2007) (Areeda); see also ...

  • 170 F.3d 897 (9th Cir. 1999), 97-35859, Burlington Northern Santa Fe Railway Co. v. International Broth. of Teamsters Local 174

    ... enjoin union under the federal antitrust laws, 15 U.S.C. § 1 et seq., and the Railway ... or "South Seattle" hub, which handles domestic traffic, and the Seattle International Gateway or ... protect interstate commerce from adverse affects of labor disputes has undertaken to regulate all ...This definition and the stated public policy of the Act-aid to "the individual unorganized ... are intended to reduce wage-based competition in the intermodal industry by preventing ...

  • SEX, TRUMP, AND CONSTITUTIONAL CHANGE.

    ... many commentators expect President Trump's policy agenda to harm women across multiple dimensions, ..., for example, with the exclusion of domestic-relation cases from federal jurisdiction. (53) ... care impacts reproductive choice which affects economic and social status in multiple ways. ... be allowed to go forward, at least in antitrust suits, "only when the likelihood of a positive ... worker leverage, limited market competition, and little consumer influence as factors that ... Merrill, Affirmative Action: An International Human Rights Dialogue, 21 CARDOZO L. REV. 253 ...

  • Additional Checks and Balances

    § 20.1. Separation of Powers Checks and Balances. § 20.1.1 Having Some Constitutional Government Structure in Place and Operating. § 20.1.1.1 Ensuring the Continuity of Government. § 20.1.1.2 The 1781 Articles of Confederation and Their Replacement by the 1789 Constitution. § 20.1.1.3 Amending the United States Constitution. § 20.1.2 Issues in the Election of Members of the Federal Government. § 2

    ..., the Director of the National Drug Control Policy, and the United States Trade Representative. Some ..., the country was wracked by the alarming domestic insurgency known as Shays's Rebellion, and was ... one view, therefore, the Constitution took affect on June 21, 1788. As a historical matter, ... purpose was to prohibit interstate competition. 165 Direct affects could also result from a law ... in the immediate sales transaction, the antitrust laws place limits on vertical restraints, and ... of conflict of laws" or "private international law" would have been included within the law of ...

  • International white collar crime and the globalization of internal investigations.

    ...(EU) Commission, charged with developing antitrust rules for the EU and investigating alleged ions of EU competition provisions, ordered Akzo Nobel Chemicals Ltd. ... "personal" without consent from the affected employee. (52) Further, in securing such consent, ... successfully targeted a series of major domestic businesses."); see also Ellen S. Podgor, ... Protection or Strengthening of Employment Policy in France?, 36 INDUS. L.J. 267 (2007) (discussing ...