international competition affect domestic antitrust policy

1439 results for international competition affect domestic antitrust policy

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  • Practicing Theory: Legal Education for the Twenty-First Century

    Law practice and legal education are facing fundamental changes. Many assume that these changes will force law schools to give up on theory and focus more on training students for the practice of law. However, this Essay shows that the future may be more uncertain and complex. The only thing that is certain is that law schools may face, for the first time, the need to provide the type of...

  • Federalism and commerce.

    ... few goods moved in interstate or international commerce. Most economic transactions were local, ...Efficiency also depends on competition and choice, for different organizational ...There are more than fifty domestic jurisdictions (7) and many more foreign ones from ... permission from Virginia to sell the policy at all. So much for competition. . The States ...The tax rules affect what sort of benefits can be offered and ...416, 419 (1956); Frank H. Easterbrook, Antitrust and the Economics of Federalism, 26 J.L. & ECON. ...

  • The availability of punitive damages in Europe: growing trend or nonexistent concept?

    ... can be exceptionally high, notably in antitrust cases in the form of multiple damages, or in ... of punitive damages both in the domestic courts of the European countries and in the ... whether or not the Private International Law rules of the European countries would accept ... or of certain similar acts of unfair competition ("dreifache Schadensberechnung"--three-way ... and a fortiori to the domestic Public Policy of the other civil law countries as well, where ... is whether the quantum of damages could affect its acceptance in the courts of the European ...

  • 637 F.3d 435 (4th Cir. 2011), 10-1103, E.I. du Pont de Nemours and Co. v. Kolon Industries, Inc.

    ... commercial opportunities from competition and limited other para-aramid fiber producers' ... may be impermissibly exclusionary under antitrust law when practiced by a monopolist. Indeed, " a ... which the defendant's customers who are affected by the challenged practice can practicably turn ... Herbert Hovenkamp, Federal Antitrust Policy § 3.6 (West 2005) (" The relevant geographic ... the east coast, for European producers); domestic U.S. transportation costs will prevent it from ...International Trade Commission's revocation of antidumping ...

  • Antitrust in an era of market failure.

    ... lessons of the crisis will be for competition policy. The global recession certainly teaches ... role of regulation, not just in terms of domestic scope, but in efficacy and global reach too. But ...government nationalized American International Group (AIG). (129) Serious questions began to ... their size and the volume of commerce they affect, may be so important to the economy that their ...

  • ANTICOMPETITIVE TRANSMISSION DEVELOPMENT AND THE RISKS FOR DECARBONIZATION.

    ... a century, economic theory and regulatory policy treated electricity as a natural monopoly le of sustaining competition. (10) Over time, however, generation and retail ...Department of Justice's Antitrust Division participated in the case on behalf of .... More broadly, LSP could affect energy decarbonization efforts throughout the ... that will transform global and domestic energy systems. A 2018 report from the ...Indeed, the International Energy Agency calculated that energy efficiency ...

  • 514 U.S. 549 (1995), 93-1260, United State v. Lopez

    ...' power to regulate activities in and affecting commerce. In reversing, the Court of Appeals held ... "does not comprehend the purely internal domestic commerce of a State which is carried on between ... in 1890, Congress enacted the Sherman Antitrust Act, 26 Stat. 209, as amended, 15 U.S.C. § 1  ... person, would argue that it is wise policy to allow students to carry guns on school ...Hamilton) (discussing "competitions of commerce" between States resulting from state ... . that Congress can regulate international trade and commerce with the Indians. As the ...

  • Mass procedures as a form of "regulatory arbitration"- Abaclat v. Argentine Republic and the international investment regime.

    ... to the extent that such similarities affect (1) determinations about the extent to which ... regulatory disputes are adjudicated by domestic courts in accordance with domestic law, or by a ... (290) and denying that it had taken any policy considerations into account when determining the ... proceedings taken in connection with antitrust or competition law claims. See Assimakis P. ...

  • One view of compulsory licensing: comparative perspectives from India and Canada.

    ... in commentary on United States antitrust case law and now has multiple meanings, each ... of compulsory licensing in the international framework as it stands today. With the decline of ... compulsory licensing predominantly for domestic markets, (37) and many of the concerned markets ...." (84) Indeed, it is because of competition from Indian generics that the cost of HIV/AIDS ... this merits our attention is because such policy changes have had, and will have, far reaching ... risky research on diseases that affect the developing world. . Yet, empirically, the ...

  • Antitrust violations.

    ...Respondeat Superior F. Meeting Competition G. State Action Immunity H. Petitioning the ...State Enforcement C. International Enforcement V. PENALTIES I. INTRODUCTION . The ...'s general business activities must affect interstate commerce, (63) while others hold that ... agent were contrary to general corporate policy, (102) against express instructions, (103) or ... and reasonably foreseeable effect" on domestic or import trade or on a person in the United ...

  • Old statutes, new problems.

    ... dilemma facing the agency, the Energy Policy Act of 2005 directed FERC to adopt an approach to ... in the industry in these regions, one affected primarily by FERC's creativity and persistence ...Yet to promote competition, FERC forced the unbundling of electric power ...-bust cycles and price volatility in the domestic oil production industry), invalidated by A.L.A. ...-53 (quoting WEBSTER'S Second New International Dictionary 2455 (1945)). . (162) Depending on the ... does not insulate IOUs from all antitrust liability). . (186) Economists began to argue ...

  • Antitrust violations.

    ...Meeting Competition G. State Action Immunity H. Petitioning the ...State Enforcement C. International Enforcement V. PENALTIES I. INTRODUCTION . ... agent were contrary to general corporate policy, (109) against express instructions, (110) or ..."; and (4) "[whether] the possible conflict affect[s] practices that lie squarely within an area of ... and reasonably foreseeable effect" on domestic or import trade or on a person in the United ...

  • Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants

    ...development banks, the Bank for International Settlements, entities . exempt from the ... 23.151. To accomplish its policy goals, the . ESM utilizes several financial ... in the Proposal, the Final Rules only affect SDs and . MSPs that are subject to the CFTC ...EU authorities. D. Antitrust Considerations. Section 15(b) of the CEA ...the antitrust laws is generally fair competition. The Commission . requested comments on whether ...domestic markets. But we should be humble, and indeed wise ...

  • Sovereign Investing in Times of Crisis: Global Regulation of Sovereign Wealth Funds, State-Owned Enterprises, and the Chinese Experience

    The financial crisis of 2007 has brought into sharper focus a set of rising global financial actors-the sovereign investors. In the form of sovereign wealth funds ("SWFs"), sovereigns have become an important player in the global financial market and its stability. Over the last decade, SWFs became more visible and more aggressive in the scope and form of their interventions in global...

    ..., Affiliate Professor, School of International Affairs, Pennsylvania State, University Park, ... activity was neither public (a matter affecting the governance of the political community) nor ...This understanding, memorialized in domestic law and policy, was grounded in the idea that the ... of private commerce in direct competition with private actors, inverts the logic of ... of a Rising China: The Making of an Antitrust Law: The Pending Anti-Monopoly Law of the ...

  • Quality collusion: news, if it ain't broke, why fix it?

    Introduction I. Background of Antitrust Law and the Media A. Antitrust Law and the Legal ... firms and inhibits quality-based competition between stations. (7) . Although antitrust laws ...antitrust law and policy exceeds the scope of this Note, this Section ... as to whether the merger would adversely affect the quality of programming on the stations. (255) ... to the Effective Deterrence of International Cartels, 31 YALE J. INT'L L. 211, 217-18 (2006). ..., supra note 165, with Greenland's gross domestic product of $2.1 billion. CIA, THE WORLD FACTBOOK ...

  • TAXING INCOME WHERE VALUE IS CREATED.

    ... creating this environment through tax competition, but they simultaneously seek to protect their ... status quo, most recently on an internationally cooperative basis through the "Base Erosion and .... In pursuing the ideal, tax policy leaders of the past century, namely the member ... responses are readily recognizable in antitrust (competition) law, consumer protection law, and ... authority's application of the relevant domestic rules. (111) The taxpayer would of course be ... Tax Avoidance Practices That Directly Affect the Functioning of the Internal Market, 2016 O.J. ...

  • International Antitrust: From Extraterritorial Application to Harmonization

    I. The Worldwide Boom Of Competition Law And Its Harmonization II. Is Extraterritorial Application Sufficient? III. Enforcement Deficits IV. The Competition Of Competition Legislation V. The Feasibility Of Harmonization VI The Goals Of Harmonization VII A Pragmatic Approach

    .... @I. The Worldwide Boom Of Competition Law And Its Harmonization. One of the conspicuous ...1 While competition policy and antitrust law were concomitant with highly ... in foreign countries, although affecting competition on the British market, could not be ... after a balancing of the various domestic and foreign interests, both public and private. ...

  • Standardization of standard-form contracts: competition and contract implications.

    ..., which implicate primarily antitrust law, are distinct from those addressed by ... contract forms as an instrument of policymaking. (34) State supervision is particularly important ... of alternatives in the market will affect the adhesion analysis, (160) but if a contract is ... alternatives, as can the International Swaps and Derivatives Association, Inc. (ISDA), ... development organization' means a domestic or international organization that plans, ...

  • Swap Execution Facilities and Trade Execution Requirement

    ... 5. Sec. 37.203(e)--Error Trade Policy. a. Error Trades--Swaps Submitted for ...Part 37--Subpart L: Core Principle 11 (Antitrust Considerations). XVII. Part 37--Subpart M: Core ... help foster customer choice, promote competition between and innovation by SEFs, and better ... that part 37's applicability does not affect the eligibility of a registered SEF or a SEF ... interpretation may require certain non-domestic operations--in particular, foreign swaps broking ...``to take action at the national and international level to raise standards together so that our ...

  • Swap Clearing Requirement Exemptions

    ...international financial institutions. The Commission also is ...D. General Request for Comment. E. Antitrust Considerations. I. Background. A. Ongoing Review ...public comment from affected central banks, sovereign entities, and . their ...letters would be consistent with the policy rationale behind the . exemption from the ... or financial innovation and fair competition by . exempting any transaction or class of ...domestic lenders on the other. By codifying existing ...

  • United States v. Alaska Air Group, Inc., et al.; Proposed Final Judgment and Competitive Impact Statement

    ...DEPARTMENT OF JUSTICE. Antitrust Division. United States v. Alaska Air Group, ...Alaska Air Group, Inc., 19300 International Boulevard, Seattle, WA 98188, and Virgin America ... collectively account for over 80% of domestic air travel each year. In this highly-concentrated ... threaten to soften head-to-head competition. Roughly two-. thirds of Virgin's network ... in, and their activities substantially affect, interstate commerce, and commerce throughout the ..., or any past, present, or future conduct, policy, practice or agreement of Defendants. VIII. ...

  • The global colony: a comparative analysis of national security-based foreign investment regimes in the Western hemisphere.

    ... to not only reap the benefits of international trade but also protect themselves against ... was enough to court controversy from antitrust regulators, there were a variety of other ... of nationalization as a national security policy and its prevalence in LATAM. The Note then argues ...that could affect the national security of the United States." (22) ... a major source of revenue through domestic consumption as well as exports. . But the ...) Increased demand leads to increased competition. (131) But this competition is not just between ...

  • The Trans-Pacific Partnership: the death-knell of generic pharmaceuticals?

    ... to expand, many states find international trade agreements to be a useful tool to ...In the face of regional competition from China, several nations bordering the Pacific ...(14) The IP areas most affected are copyrights, patents, and IP enforcement. (15) ... States on an agreeable automobile tariff policy. (53) . C. Points of Contention Among Signatories ... settlement agreements raise major antitrust concerns, and some cases have actually reached ...domestic patent law prohibit patent evergreening. (108) ...

  • 467 F.3d 283 (2nd Cir. 2006), 05-1845, Paycom Billing Services, Inc. v. Mastercard Intern., Inc.

    ... v. . MASTERCARD INTERNATIONAL, INC., Defendant-Appellee. . No. 05-1845-CV. . ...We conclude that Paycom lacks antitrust standing and has not sufficiently alleged ... system, the Competitive Programs Policy ("CPP"), and the "Cross- . . Border ... thereby caused it harm by foreclosing competition in the market for network services and reducing ... market allocation scheme in which domestic banks are insulated from having to compete ... merchants, yet that competition failed to affect MasterCard's policies regarding those merchants. ...

  • Diffusing disputes: the public in the private of arbitration, the private in courts, and the erasure of rights.

    ...(222) At the high end of international arbitrations, the overlapping sets of lawyers and ...Further, state regulations affect some of the rules; for example, California ... and fee schedules are matters of "internal policy." (233) Likewise, the AAA's standards of "Ethical ... Company had violated the Sherman Antitrust Act. (321) Signatures lost some of their ... cartel that has restrained competition in the American market .. [and] allegedly ... result would be forthcoming in a domestic context," (384) the Court emphasized the ...