Exam 21: Regulating the Competitive Environment

In the Hartford Fire Insurance Co. case, the U.S. Supreme Court determined that it could not assert jurisdiction over European companies in competition matters unless the companies had a direct physical presence in a U.S. state.

Through what is called a block exemption, the European Commission grants an automatic competition exemption to a variety of different types of transactions and agreements.

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

The European Commission has given exemptions in all of the following areas except :

In keeping with the litigious character of the American legal system, U.S. antitrust laws: I. Are stated in general terms. II. The details are to be worked out through administrative regulations.

The primary reason for the absence of much litigation under foreign competition law is: I. The preapproval process reduces the necessity for litigation. II. Differences in the remedies and types of sanctions for violations. III. Cultural attitudes toward antitrust law differ.

​ Paten t license s ar e no t covere d b y th e Commissio n o f th e Europea n Unio n bloc k exemptions.

In what ways is the U.S. "rule of reason" analysis inappropriate and appropriate under EU competition laws?

Draft guidelines for the application of anti-trust laws to anti-competitive practices outside of the U.S. or critique any (existing) proposed guidelines.

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:

​ I n wha t instance s woul d bot h th e U.S . an d E U extraterritoria l jurisdictio n o f competitio n law s apply ?

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

Article 81(3) provides for an "individual exemption" of an otherwise violation of the Article 81, if the results there are positive economics effects overall.

In 1982, the U.S. Congress passed a law to clarify the standard to be applied in determining the extraterritorial effect of American antitrust laws. This was:

Discuss the advantages and disadvantages -- from the perspective of competition law -- in having a wholly foreign subsidiary in Europe.

In smaller countries, there tends to be a relatively lower tolerance for market domination.

The U.S. antitrust law distinguishes between actions that are:

Prohibitions against agreements that restrict competition are relevant in international business transactions.

Write an argument that clawback provisions violate international law.

The form of antitrust laws are enacted based on the particular circumstances of each nation and therefore are not uniform.