A Retrospective on Twenty-Five Years of the Foreign Trade Antitrust Improvements Act

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis A Retrospective on Twenty-Five Years of the Foreign Trade Antitrust Improvements Act by : Max Huffman

Download or read book A Retrospective on Twenty-Five Years of the Foreign Trade Antitrust Improvements Act written by Max Huffman and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now twenty-five years after the Foreign Trade Antitrust Improvements Act (FTAIA) was enacted as part of the Export Trading Company Act of 1982, the once-ignored statute has come fully into the fore. The FTAIA is inelegantly phrased; its opaque language has resulted in further confusion in an area of the law that was already confused and unsettled. The FTAIA is nonetheless massively important. Commentators and judges uniformly have noted the explosion in cross-border implications of U.S. antitrust enforcement. Since the mid-1990s, when the FTAIA was resurrected by foreign plaintiffs seeking the protection of U.S. antitrust laws and plaintiff-friendly procedures, numerous suits seeking billions of dollars in damages for harm suffered world-wide have been filed and consolidated into multi-district litigation proceedings. Litigation has occurred in federal courts at all levels, with the Supreme Court finally addressing the FTAIA directly in 2004 in F. Hoffman-LaRoche Ltd. v. Empagran S.A. And recently, the Antitrust Modernization Commission has considered the statute, declining to recommend it be amended, but noting the need for further clarity.

IP and Antitrust

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Publisher : Aspen Publishers Online
ISBN 13 : 0735575487
Total Pages : 2686 pages
Book Rating : 4.7/5 (355 download)

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Book Synopsis IP and Antitrust by : Christina Bohannan

Download or read book IP and Antitrust written by Christina Bohannan and published by Aspen Publishers Online. This book was released on 2013 with total page 2686 pages. Available in PDF, EPUB and Kindle. Book excerpt:

IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition

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Publisher : Wolters Kluwer
ISBN 13 : 1454885289
Total Pages : 3280 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition by : Hovenkamp, Janis, Lemley, Leslie, Carrier

Download or read book IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition written by Hovenkamp, Janis, Lemley, Leslie, Carrier and published by Wolters Kluwer. This book was released on 2016-01-01 with total page 3280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Global Competition

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Publisher : OUP Oxford
ISBN 13 : 0191633623
Total Pages : 416 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Global Competition by : David Gerber

Download or read book Global Competition written by David Gerber and published by OUP Oxford. This book was released on 2012-01-26 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global competition now shapes economies and societies in ways unimaginable only a few years ago, and competition (or 'antitrust') law is a key component of the legal framework for global competition. These laws are intended to protect competition from distortion and restraint, and on the national level they reflect the relationships between markets, their participants, and those affected by them. The current legal framework for the global economy is provided, however, by national laws and institutions. This means that those few governments that have sufficient 'power' to apply their laws to conduct outside their own territory provide the norms of global competition. This has long meant that the US (and, more recently, the EU) structure global competition, but China and other countries are increasingly using their economic and political leverage to apply their own competition laws to global markets. The result is increasing uncertainty, costs, and conflicts that burden global economic development. This book examines competition law on the global level and reveals its often complex and little-understood dynamics. It focuses on the interactions between national and international legal regimes that are central to these dynamics and a key to understanding them. Part I examines the evolution of the current global system, the factors that have shaped it, how it operates today, and recent efforts to alter that system-e.g., by including competition law in the WTO. Part II focuses on national competition law systems, revealing how national laws and experiences shape global competition law dynamics and how global factors, in turn, shape national laws and experiences. It examines the central roles of US and European law and experience, and it also pays close attention to countries such as China that are playing increasingly important roles in the global competition law arena. Part III analyzes current strategies for improving the legal framework for global competition and identifies the factors that may contribute to a system that more effectively supports global economic and political development. This analysis also suggests a pathway for moving toward that goal.

Foreign Trade Antitrust Improvements Act

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Foreign Trade Antitrust Improvements Act by : Deborah J. Buswell

Download or read book Foreign Trade Antitrust Improvements Act written by Deborah J. Buswell and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores differing judicial interpretations of the Foreign Trade Antitrust Improvements Act (FTAIA). While the FTAIA is over twenty years old, the expanding global marketplace has created a new paradigm under which the judiciary is called upon to interpret the applicability of United States antitrust legislation to foreign marketplaces and foreign litigants. Recent antitrust litigation has pushed the interpretation of the FTAIA to the forefront of the federal judiciary. The FTAIA was intended to clarify application of the Sherman Act and Clayton Act to foreign antitrust claims. Judicial interpretation of the FTAIA, though, varies greatly and a has developed between the Second and Fifth Circuits over what protection, if any, the FTAIA should provide to foreign plaintiffs wanting to litigate antitrust claims against foreign companies in United States courts. The recent price-fixing case of Empagran S.A. v. F. Hoffman-LaRoche, Ltd., forced the District of Columbia Circuit to examine the reasoning behind prior interpretations of the FTAIA and to adopt a compromise position that strikes a balance between the restrictive and expansive interpretations of the FTAIA propounded by the Fifth and Second Circuits. As the global marketplace expands, the applicability of United States antitrust legislation will continue to be a topic of controversy.

Courts without Borders

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Publisher : Cambridge University Press
ISBN 13 : 131672087X
Total Pages : 331 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Courts without Borders by : Tonya L. Putnam

Download or read book Courts without Borders written by Tonya L. Putnam and published by Cambridge University Press. This book was released on 2016-08-04 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts without Borders is the first book to examine the politics of judicial extraterritoriality, with a focus on the world's chief practitioner: the United States. For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory, and US federal courts are often on the front line in deciding the extraterritorial reach of US law. At stake in these jurisdiction battles is the ability to bring the regulatory power of the United States to bear on transnational disputes in ways that other states frequently dislike both in principle and in practice. This volume proposes a general theory of domestic court behavior to explain variation in extraterritorial enforcement of US law, emphasizing how the strategic behavior of private actors is important to mobilizing courts and in directing their activities.

Foreign Trade Antitrust Improvements Act

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ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Foreign Trade Antitrust Improvements Act by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law

Download or read book Foreign Trade Antitrust Improvements Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law and published by . This book was released on 1983 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Foreign Trade Antitrust Improvements Act

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Publisher :
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Foreign Trade Antitrust Improvements Act by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Foreign Trade Antitrust Improvements Act written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1982 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European and International Media Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198268556
Total Pages : 532 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis European and International Media Law by : Perry Keller

Download or read book European and International Media Law written by Perry Keller and published by Oxford University Press, USA. This book was released on 2011-05-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: European and International Media Law considers the rapidly changing relationship between the media and the liberal democratic state. It explores key contemporary media issues and captures the extraordinary impact of the liberal media model on European and international law as well as exploring its profound weaknesses.

Foreign Trade Antitrust Improvements Act of 1985

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ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Foreign Trade Antitrust Improvements Act of 1985 by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Foreign Trade Antitrust Improvements Act of 1985 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1986 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Minnesota Law Review

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ISBN 13 :
Total Pages : 1164 pages
Book Rating : 4.3/5 (3 download)

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Book Synopsis Minnesota Law Review by :

Download or read book Minnesota Law Review written by and published by . This book was released on 2010-11 with total page 1164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Michigan Law Review

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ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Michigan Law Review by :

Download or read book Michigan Law Review written by and published by . This book was released on 2015 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Florida Law Review

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ISBN 13 :
Total Pages : 572 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Florida Law Review by :

Download or read book Florida Law Review written by and published by . This book was released on 2014 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Antitrust Law Handbook

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ISBN 13 :
Total Pages : 1150 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Antitrust Law Handbook by : William C. Holmes

Download or read book Antitrust Law Handbook written by William C. Holmes and published by . This book was released on 2007 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Unfair Competition Trademarks and Monopolies

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ISBN 13 :
Total Pages : 1332 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Law of Unfair Competition Trademarks and Monopolies by : Rudolf Callmann

Download or read book The Law of Unfair Competition Trademarks and Monopolies written by Rudolf Callmann and published by . This book was released on 1981 with total page 1332 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Corporate Practice Series

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ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Corporate Practice Series by :

Download or read book Corporate Practice Series written by and published by . This book was released on 2006 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:

From Sea to Shining Sea

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ISBN 13 :
Total Pages : 61 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis From Sea to Shining Sea by : Gerard Bifulco

Download or read book From Sea to Shining Sea written by Gerard Bifulco and published by . This book was released on 2014 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Foreign Trade Antitrust Improvements Act was passed to govern the application of the Sherman Act to antitrust violations that occurred abroad. While the statute received little attention in its early years, public and private plaintiffs have recently begun to collect large fines and penalties under its jurisdiction. As these judgments continued to grow, the increasing focus on the FTAIA caused uneven development of the statute: while certain aspects of the FTAIA were defined and refined by judicial interpretation, other language in the statute remained underdeveloped.This Comment focuses on the requirement within the FTAIA that conduct from a foreign entity must have a “direct, substantial, and reasonably foreseeable” effect on United States commerce. This section of the FTAIA forms the basis of the statute: the effect must give rise to the claim of the plaintiff and violate the Sherman Act to satisfy the FTAIA. The “direct, substantial, and reasonably foreseeable” requirement is greatly underdeveloped: some courts have interpreted certain words in the phrase, while others have provided no guidance as to the standard by which the requirement is judged. This underdevelopment presents many issues: courts are conflicted on how to evaluate the requirement, and the language is often ignored in rulings.This Comment proposes a new interpretation of the “direct, substantial, and reasonably foreseeable” requirement of the FTAIA. By considering whether the conduct proximately causes the effect, creates a substantial effect based on price and volume considerations, and is reasonably foreseeable to an ordinary businessperson in the foreign entity's market, this Comment's interpretation will give businesses, practitioners, and judges a lens which will help clear up the FTAIA. This new interpretation provides courts with the means to interpret a section of the FTAIA that has largely been ignored by balancing previous judicial attempts at deciphering the statute with the intent of the Congresspeople who drafted the FTAIA. This unified approach to interpreting the FTAIA also provides an efficient remedy to the inefficiency created by contradicting interpretations of the statute.