Exam 21: Regulating the Competitive Environment

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:

The form of antitrust laws differs substantially from nation to nation.

The analytical framework established by American antitrust law distinguishes between actions that are wrong per se and actions to which the rule of reason applies.

The substance of many countries' antitrust law is very similar in focusing on two types of activity.The two types of activities are:

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.

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

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

Due to the fact that foreign competition law violations offer few,if any,damage awards,there is very little private litigation.