Exam 21: Regulating the Competitive Environment

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

Antitrust laws have been enacted in most industrialized countries since the beginning of the twentieth century.

During the 1980s,the U.S.government vigorously enforced American antitrust laws.

Foreign competition law is similar in substance to American antitrust law and similar in the sanctions for violating the law.

American policy tends to be more forgiving of a patent holder's restrictions than the European Commission.

Under Article 86 of the Treaty of Rome and Section 2 of the Sherman Act,a violation of the monopoly provisions requires:

The court that hears appeals from the EU's antitrust enforcement agency and referrals from the courts of the EU member states on competition issues is the:

The Europeans have structured their system to provide for resolution of competition law issues after the transaction has taken place,typically through litigation.

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 antitrust laws of the European countries developed much earlier than those in the United States.

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

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.

The European Court of Justice has shown little reluctance to find competition conspiracies between a European subsidiary and its American parent.

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.

In what ways do EU and U.S.private remedies for unfair competition differ? Resemble each other?

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

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

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

Compare and contrast the approaches of the EU and the U.S.with regard to IPR issues (patents,know-how transfer agreements).

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