Tag: INTERNATIONAL JOURNAL

The main purpose of this paper is to critically analyze the “Notice on cooperation between national courts and the Commission in applying Articles 85 and 86 of the EEC Treaty” (the “Notice”), which the Commission of the European Community (the “Commission”) published in 1993. Among the topics covered by the Notice the following deserve a Read More …

Recent pronouncements of the courts and policymakers of the European Community and the United States underscore converging trends and standards in antitrust enforcement. Economic regulators on both sides of the Atlantic seek more vigorous enforcement abroad in order to make their antitrust laws meaningful and effective at home. Yet this movement toward extraterritorial enforcement often Read More …

This Note argues that the Third Circuit’s definition for unpermitted national origin discrimination best balances the purposes of the FCN Treaty and Title VII, and that U.S. courts should focus on factors such as visa status and differential treatment of executives in applying this definition. Part I discusses the interaction of the FCN Treaty with Read More …

Significant shifts have occurred during the past three years in the control thresholds that determine whether an acquisition of a minority shareholding will be subject to one or more EEC competition laws. The scope and effects of these shifts are neither clear nor necessarily consistent. The Commission appears on the one hand to have expanded Read More …

This Essay points out the major legal issues related to the development of the Computerized Reservation Systems (“CRS”) and evaluates whether the EC approach has achieved satisfactory results, mainly from the standpoint of consumer protection. My critique is essentially that the EC has ruled the CRS by means of legislation that tends to be hyper-technical, Read More …

This Article describes the concerns of the European Commission’s Competition Department about joint ventures for research and development and the problems caused for businessmen by the Commission’s practice of exempting rather than clearing agreements that make the market more competitive. National courts may follow the Commission’s practice in relation to Article 85(1), and they have Read More …

This Note argues that federal common law should determine all attribution of liability issues in actions brought under the FSIA. Part I discusses the FSIA, its history and policies, and the sole U.S. Supreme Court decision to discuss the proper choice of law approach for attribution of liability under the FSIA. Part II examines subsequent Read More …

The above considerations demonstrate, however, the importance of the questions regarding the nature and the scope of admissible cartel evidence, especially in regard to the issues of due process in general and of the obligation to safeguard the rights of the defense against the prosecution in particular. Obviously, the fundamental principle governing these issues is Read More …

This Article discusses inter-jurisdictional mobility of lawyers in Canada, comparing Canadian practice to European Community (”Community” or “EC”) reforms and U.S. practice. Ironically, the Community eschews using the label ”federal” because the process of European unification is ongoing, yet the new regime for the transfer of lawyers between EC Member States is freer and less Read More …

This Note argues that U.S. courts should allow foreign states to raise substantive defenses when using Rule 60(b)(4) to challenge the courts’ jurisdiction to enter a default judg- ment. Part I of this Note analyzes the FSIA and relief from judgment under Rule 60(b). Part II analyzes the conflicting views on whether to consider substantive Read More …