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International & Foreign Law Search, Liu 1 Separation of Powers? Commission—executive? Council—Legislative? Parliament—Legislative? Court--Judiciary.

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Presentation on theme: "International & Foreign Law Search, Liu 1 Separation of Powers? Commission—executive? Council—Legislative? Parliament—Legislative? Court--Judiciary."— Presentation transcript:

1 International & Foreign Law Search, Liu 1 Separation of Powers? Commission—executive? Council—Legislative? Parliament—Legislative? Court--Judiciary

2 International & Foreign Law Search, Liu 2 Eu-Lex, Lexis and WestLaw Microsoft Decision March 24, 2004 Cases v. Decisions Primary v. Secondary

3 International & Foreign Law Search, Liu 3 Antitrust Law In general AC (Administrative costs for enforcing eminent domain) TC (Transaction Costs of market exchange) X# Sellers (Quantity) 0Thin MarketThick Martket AC, TC $ X1

4 International & Foreign Law Search, Liu 4 EC Competition Law Introduction qcqm pc pm Quantity (# of land sellers) D (Demand) Marginal CostA B C Marginal Revenue Price

5 International & Foreign Law Search, Liu 5 Relevant Market Cross-elasticity –United Brands (Banana Case)United Brands (Banana Case)

6 International & Foreign Law Search, Liu 6 Horizontal and Vertical Monopoly Horizontal—Monopoly or Oligopoly –Merger Vertical—From Manufacturer to Dealers to Consumers –Buy a car from the Honda directly? –Will Honda Dealer A compete with Honda Dealer B? Legal? Efficient?

7 International & Foreign Law Search, Liu 7 Vertical Relations Interbrand v. Intrabrand Competition Handa Da Ca Dc Db CbCcCdCe Ford Da

8 International & Foreign Law Search, Liu 8 Extraterritorial Jurisdiction Copyright (c) 2004 Connecticut Journal of International Law Connecticut Journal of International Law, Summer, 2004, 19 Conn. J. Int'l L. 571, 27144 words, INCREASING EXTRATERRITORIAL INTRUSION OF EUROPEAN UNION AUTHORITY INTO U.S. BUSINESS MERGERS AND COMPETITION PRACTICES: U.S. MULTINATIONAL BUSINESSES UNDERESTIMATE THE STRENGTH OF THE EUROPEAN COMMISSION FROM G.E.-HONEYWELL TO MICROSOFT, Barbara Crutchfield George*Lynn Vivian Dymally **Kathleen A. Lacey ***Copyright (c) 2004 Connecticut Journal of International Law Connecticut Journal of International Law

9 International & Foreign Law Search, Liu 9 Article 81 of the EC Treaty (ex Article 85) The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market, and in particular those which: (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production, markets, technical development, or investment; (c) share markets or sources of supply; (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. Any agreements or decisions prohibited pursuant to this Article shall be automatically void. The provisions of paragraph 1 may, however, be declared inapplicable in the case of: - any agreement or category of agreements between undertakings; - any decision or category of decisions by associations of undertakings; - any concerted practice or category of concerted practices, which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not: (a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives; (b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.

10 International & Foreign Law Search, Liu 10 Prohibition Understanding Article 81—I

11 International & Foreign Law Search, Liu 11 Prohibition Exemption Understanding Article 81—II

12 International & Foreign Law Search, Liu 12 Prohibition Exemption Prohibition Understanding Article 81—III

13 International & Foreign Law Search, Liu 13 Article 82 of the EC Treaty (ex Article 86) Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible with the common market insofar as it may affect trade between Member States. Such abuse may, in particular, consist in: (a)directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions; (b)limiting production, markets or technical development to the prejudice of consumers; (c)applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (d)making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

14 International & Foreign Law Search, Liu 14 Prohibition Understanding Article 82


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