international competition affect domestic antitrust policy

1439 results for international competition affect domestic antitrust policy

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  • Call me, maybe? The Seventh Circuit's call in Motorola Mobility.

    ... be protected to some degree by American antitrust law. A supply chain is defined as a "network ... strategy involves the establishment by a domestic parent company of a foreign subsidiary that acts ... anticompetitive activity abroad which affects a domestic company's foreign subsidiaries can ... accounts for concerns of international comity and, under the facts of this case, causes ... actions that affected competition in the United States. (20) Two important circuit ... basis of some social idea of justice or policy." (255) An action is the proximate cause of an ...

  • Fixing merger litigation 'fixes': reforming the litigation of proposed merger remedies under section 7 of the Clayton Act.

    I. INTRODUCTION . Before the Antitrust Division or the Federal Trade Commission sues to ... evaluating the "probable future" of competition in a relevant market, the court must look at the ..., production[,] and sale of all domestic submersible turbine pumps and that its various ...(CCC) and Mitchell International, Inc. (Mitchell). (121) As part of their ... to be able to compete effectively, i.e., affect pricing, within five years or even soon ... with the Sherman Act, enunciated the basic policy of maintaining competition in industrial markets, ...

  • Agricultural cooperatives and the law: obsolete statutes in a dynamic economy.

    ... place in American politics and public policy. This was even truer in the first third of the ... a variety of anticompetitive acts affecting both farmers and consumers. Competitive concerns ... COOPERATIVES: EXEMPTIONS FROM ANTITRUST, TAX AND SECURITIES LAW . A. THE ANTITRUST ... a, prohibition on "unfair methods of competition and unfair trade practices.." (58) . The ... of constraining production sold in the domestic market. (93) Demand for eggs is relatively price ... from antitrust law coordinating international information exchange affecting competition. The ...

  • Who bleeds when the wolves bite? A flesh-and-blood perspective on hedge fund activism and our strange corporate governance system.

    ... with short-term perspectives comes optimal policy for human investors with far longer time ..., including so-called wolf pack activism, affects human investors, Part I of this Feature ... by management to address global competition in a way that involved investment in and ... American corporations have a large international investor base and derive large portions of their ... them to vigorous international and domestic competition in products and services markets, ... requirement, the Hart-Scott-Rodino Antitrust Improvements Act of 1976, requires, assuming the ...

  • CHOICE OF LAW AND JURISDICTIONAL POLICY IN THE FEDERAL COURTS.

    ...) The Court's iconic 1945 ruling in International Shoe v. Washington, (12) effectuating a similar ... raised questions about trademark, competition and product development that were pressing enough ... to follow state statutes and decisions affecting those remedies." (64) The pair of cases led ... the federal patent laws and the Sherman Antitrust Act. In explaining the federal character of the ... under it has no effect on the domestic common-law rights of the person whose trade-mark ...

  • 434 U.S. 308 (1978), 76-749, Pfizer Inc. v. Government of India

    ... for treble damages under the federal antitrust laws to the same extent as any other plaintiff. ... just as surely as a private person or a domestic State, which, in Georgia v. Evans , 316 U.S. ...586] encroachment upon foreign policy, since only governments recognized by and at ... Perma Life Mufflers, Inc. v. International Parts Corp., 392 U.S. 134, 138-139. And the ... enter into anticompetitive conspiracies affecting American consumers in the expectation that the ... which tend to prevent full and free competition in the production, manufacture, or sale of ...

  • Importing Plaintiffs: The Extraterritorial Scope of the Sherman Act After Empagran

    Common law tests and statutes have attempted to establish a standard for American courts in determining when to assert subject matter jurisdiction over foreign plaintiffs with an antitrust injury. In F. Hoffmann-LaRoche, Ltd. v. Empagran S.A., the Supreme Court ruled that if the foreign plaintiffs' injury was independent from any injury in the United States, then the foreign plaintiffs' injury...

    ... because of higher prices set by an international price-fixing cartel. 1 International cartels ... consumers 3 and violates American antitrust law. 4 Purchasers in the United States also ... cartel is to enforce the best economic policy, i.e., the Sherman Act, worldwide. 16 . In ... plaintiff's actual injury and the domestic effects on American commerce. 24 Lower courts ...First, there must be an intent to affect the commerce of the United States, and second, .... Damien Geradin, Competition Between Rules and Rules of Competition: A Legal ...

  • Making Corporations More Humane Through Artificial Intelligence.

    ..., and members of the communities affected by corporate actions. To that end, such a ...International Data Corporation, a global market intelligence ... loud voices in debates about corporate policy and planning. (233) . For companies that ... quicker and ahead of the competition."). . (95.) See Joshua P. Davis, Artificial ... intelligence can create additional antitrust violations regarding ease of collusion). . (134.) ... therefore develop their own foreign and domestic policies, either implicitly and unconsciously or, ...

  • Horizontal Mergers, Market Structure, and Burdens of Proof.

    ... effects, such as the extent of direct competition between the merging parties, will be important ... whether it qualifies as a relevant antitrust market. Any candidate market for which the court ... the fundamental goal of antitrust law and policy. The structural presumption and the associated ... allowing foreign rivals to compete in a domestic market lead to greater productivity, better ... we are uncertain just how it will actually affect litigated merger cases. . Second, the bill would ... developed in the literature on international trade, see Carl Shapiro, Competition and ...

  • Sovereignty mismatch and the new administrative law.

    ... is particularly stark when posed internationally. The D.C. Circuit has said that treaties ... international grants are different than domestic ones. While delegations to the states, or the ... posed by the internationalization of policymaking is subdelegation by an agency to an outside body, ... globalization involves policymaking affecting the property interests of American firms and ... As A Response to Regulatory Competition, 52 EMORY L.J. 1353, 1353 (2003) ("the trend ...Dogan & Mark A. Lemley, Antitrust Law and Regulatory Gaming, 87 TEX. L. Rev. 685, ...

  • 939 F.3d 710 (6th Cir. 2019), 19-5315, In re Application to Obtain Discovery for Use in Foreign Proceedings

    ... proceeding in a foreign or international tribunal" upon. application by "any ... the Domestic Service Agreement ("DSA"), under which. ... policy, the award is reviewed under the law of the UAE. ...antitrust enforcement complaint. brought by Advanced ... the Directorate-General for Competition. ("DG-Competition") of the Commission of ...affect. our conclusion that the word "tribunal" in ...

  • The gravitational force of federal law.

    ... Court's decision on an important or policy-laden matter of federal law can reflect public ...-jurisdiction statute to exempt certain domestic-relations issues from federal jurisdiction, in ... of federal laws do not legally affect state procedural rules). . (11) See Conformity ...Cavanagh, The Impact of Twombly on Antitrust Actions Brought in the State Courts, ANTITRUST ... of Social Learning and Economic Competition on State Policy Innovation and Expansion, 57 POL. ... courts is increasingly national and international in scope, crossing state lines as well as ...

  • Home-Field Disadvantage: How the Organization of Soccer in the United States Affects Athletic and Economic Competitiveness.

    ...-League System and Transfer Fees with Competition Laws II. BENDING THE STRUCTURE OF SOCCER IN THE ... with the skill and fan base of international stars like Lionel Messi or Ronaldinho. (4) ... other sports leagues in the context of antitrust law. Finally, Section I.C sets forth two key ...More money is flowing into domestic soccer and youth development than ever. But for ... Football Are in Line with EU State Aid Policy, EUR. Comm'n (Mar. 21, 2012), ...

  • Economic power, Henry Simons, and a lost antitrust vision of economic conservatism.

    ..., and of the vital role of antitrust policy in combating it, comprises what can be called the ... and trade and to break down competition." (1) The problem, as he saw it, struck to the ... "fracking" techniques to unlock huge domestic supplies of natural gas, and the application of ... generally, thereby undermining the international competitiveness of the latter. (106) It is a ... organizations are big enough, if they affect the economic lives of enough people and ...

  • The big bluff: Obama, cyber economic espionage, and the threat of WTO litigation.

    ...The Definition and Scope of "Unfair Competition" 2. "Act of Competition" & "Contrary To Honest ... through cyberspace, perpetrated by domestic and foreign computer hackers who extract ... (17) and Democratic leaders on trade policy in Congress (18) that cyber-enabled theft of ... government officials violates international law. Because there are no international treaties ... law principles like good faith should affect WTO obligations is still a hotly debated topic. . ... Pires de Carvalho, The TRIPS Regime of Antitrust and Undisclosed Information 202 (2008) ...

  • The unregulated certification mark(et).

    ...Certification audits C. Antitrust Scrutiny Conclusion Introduction . What do a ... consumer protection and promotion of competition. Each of these businesses has either been ... decisions, opportunities for affected businesses to engage in something akin to ... of the value of the $40 billion international watch market despite representing only 3% of the ... is in the contexts Stewart discusses, of domestic governments and a myriad of international ..., Engelberg Center on Innovation Law & Policy. For their gold-standard comments, I am grateful ...

  • From the sophisticated undertakings of the Genovese crime family to the everyday criminal: the loss of congressional intent in modern criminal RICO application.

    ..., and promote awareness in communities affected by organized crime. (44) . After implementing the ... investors, prevent free trade and competition, hinder interstate and foreign commerce, endanger ... judge is not to construct rules or make policy choices. (261) . Some scholars believe that ...Burke, Domestic Violence as a Crime of Pattern anti Intent: An ....) See Blakey, supra note 60, at 1604 ("antitrust statutes protect [Americans] against collusion; ... of the Mexican Mafia, the largest international criminal street gang operating in Los Angeles, ...

  • Parochial procedure.

    ...The System of Private International Law II. The Parochial Critique III. Parochial ... into one such system that is based in domestic courts and managed through principles of ...laws, particularly antitrust laws, to reach extraterritorial conduct based on ... states' statutes that embody more specific policy concerns, like the protection of data privacy or ... other jurisdiction or if the persons affected do not all live in one place? (233) Nor does the ... of "minimiz[ing] jurisdictional competition.., the adequacy analysis simply worsens matters ...

  • Diagonal Public Enforcement.

    Introduction I. International Cases A. Tobacco B. Antitrust C. Other Cases of nterest II. Domestic Cases A. States Enforcing Sister-State Law B. ...Deterrence and enforcement 2. Policy influence 3. Ancillary benefits B. Executives 1. ... government filed at least two unfair competition suits in U.S. federal courts. (35) . This Part ... to diagonal enforcement as a means of affecting the interstate regulatory market. . 3. Ancillary ...

  • COLLECTIVE GOODS AND THE COURT: A THEORY OF CONSTITUTIONAL COMMODIFICATION.

    ... troubling both as a matter of substantive policy and institutional prerogative. . Our Article ... in contested commodities can adversely affect our conception or valuation of individuals who ... thought to get itself accepted in the competition of the market .." (166) . The market metaphor is ...) See, e.g., David Cole, First Amendment Antitrust: The End of Laissez-Faire in Campaign Finance, 9 ... voyage was that it galvanized international efforts to begin regulating the global disposal ...) A collective good of public safety and "domestic tranquility" could be invoked to cabin the ...

  • 468 U.S. 85 (1984), 83-271, National Collegiate Athletic Association v. Board of Regents

    ... in the formulation of football television policy than they had in the NCAA. The CFA accordingly ...The court found that competition in the relevant market -- defined as "live ... college football television adversely affected gate attendance. Id. at 1295-1296. With respect ....         R. Bork, The Antitrust Paradox 278 (1978). What the NCAA and its member ... supported by our decision in International Boxing Club of New York, Inc. v. United States, ... court would not hesitate in enjoining a domestic selling arrangement by which, say, Ford and ...

  • Currency wars: the need for international solutions.

    .... In international monetary policy, there are three main types of exchange rates: a ...(5) The rate at which the domestic currency can be exchanged determines the price of ... of utmost importance in price competition. . Accordingly, the determination of an exchange ... monetary sovereignty, can substantially affect their competitiveness and economic development. . .../B2, 10, http://ec.europa.eu/competition/antitrust/cases/dec_docs/37750/37750_87_1.pdf. . (93.) ...

  • Inventing the Classical Constitution
  • Antitrust law - Second Circuit interprets the Foreign Trade Antitrust Improvements Act as requirement for establishing jurisdiction in U.S. courts.

    ... foreseeable effect" on foreign imports, domestic commerce, or American exports. (NOTEREF ... caused prices to rise and stifled competition in the Unites States' USB 3.0 market. (NOTEREF ... America became more involved in the international economy, the Supreme Court began to relax the ... whether the conduct abroad was intended to affect U.S. imports and whether it actually did affect ... _Ref256116482 \h \* mergeformat) The policy and procedural impact of the varying ...

  • Sovereignty mismatch and the new administrative law.

    ...In the United States, making international policymaking work with domestic administrative ...* American competition policy, with its traditional focus on consumer ... change, financial regulation, and antitrust are American regulatory obsessions, but they are ... effort in the 1990s, lost their ability to affect the effort, and now must begin the process of ...