Exam 21: Regulating the Competitive Environment

The U.S.takes the position that a patent monopoly is essential to protect the patent holder and encourage innovation.

The Europeans tend to be reluctant to apply their competition law to activity outside the EU.

In Japan,there are few remedies for private causes of action for damages due to antitrust violations in civil court system.

Antitrust law in _________ poses the possibility of criminal liability,but this is not possible in ______.

The European Union's enforcement agency in antitrust matters,which is analogous to the U.S.Federal Trade Commission and Justice Department,is the:

The American antitrust law policy toward patent licenses:

Knowledgeable that Canada,Germany,and the UK have enacted blocking legislation,craft a treaty on this issue.How might the different interests of these countries and partnerships (or lack thereof)with them affect any treaty? Students may also wish to read Laker Airways v.Sabena,Belgian World Airlines,731 F.2d 909 (D.C.Cir.1984)for further background).

When evaluating the effect of a merger,the European Union seeks to determine:

Under U.S.antitrust law,certain mergers and joint venture agreements must be brought before whom before they are concluded?

The 1982 act passed by Congress in order to clarify the standard to be applied in determining the extraterritorial effect of American antitrust law provides that:

Which U.S.Act prohibits mergers and acquisitions when the effect may be substantially to lessen competition or to tend to create a monopoly?

A clawback provision allows a foreign company to sue in their own country to recover against local American assets all or part of an antitrust judgment rendered in the U.S.

Weigh the relative benefits and short-comings of the EU preapproval model and the U.S.litigation model as exemplified by the Hart-Scott-Rodino Antitrust Improvements Act.

Because The Sherman Act is a U.S.statutory law,it cannot be used to regulate or bring an action against a foreign company.

European courts addressing a patent issue are generally more favorable to patent holders than U.S.courts.

In the U.S.,which type of merger is considered to pose the biggest threat to competition because they are the most likely to create or enhance dominance in the market?

In what instances would both the U.S.and EU extraterritorial jurisdiction of competition laws apply?

Which of the following Acts created a review process under which mergers,joint venture agreements,and similar transactions must be brought before the Department of Justice for review before they are concluded?

Patent licenses are not covered by the Commission of the European Union block exemptions.

Compare and contrast the Sherman Act and Articles 81 and 85 of the EU Treaty and/or other Competition laws.