Exam 21: Regulating the Competitive Environment

The Tetra Laval BV v.Commission of the European Communities case stands for the proposition that when market dominance is abused by a foreign entity,local courts and regulators are likely to respond with particular force.

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

The U.S.has an analogous system to the European Union's system for resolving antitrust law issues prior to the transaction taking place.

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 European Union's sophisticated antitrust law is based on and implemented through Article 1 and Article 2 of the Clayton Act.

The Airtours v.Commissioner of European Communities case involved the question of whether a merger would create a "collective dominant" business firm.

Weigh the benefits and detriments of the EU and U.S.rules regarding jurisdiction and forum in privately enforced competition laws.

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:

Article 85 of the Treaty of Rome is similar to Section 1 of the U.S.Sherman Act in prohibiting concerted anticompetitive conduct in very general terms.

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

"Blocking Legislation" in international antitrust action refers to:

Under U.S.antitrust law,the rule of reason applies to situations where:

Under the EU merger regulations,preapproval is not needed under which of the following conditions:

The Europeans view the monopoly in a patent as a danger to competition that should be minimized as much as possible.

The European Union and foreign nations have begun a spirited effort to beef up their competition laws.

Write an argument that clawback provisions violate international law.

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

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

The American antitrust law policy toward patent licenses:

The European Parliament has criticized the European Commission for its flexible approach in the granting of block exemptions from normal competition rules for vertical agreements.