DOJ goal: assistance abroad; battling international cartels, the Antitrust Division is pursuing various measures to enhance cooperation with foreign officials

Article Abstract:

The Department of Justice is proseucting international cartels zealously, and in late 1994 obtained passage of the International Antitrust Enforcement Assistance Act (IAEAA), designed to increase governmental ability to obtain evidence located outside the US. The IAEAA authorizes reciprocal assistance between the US and foreign antitrust authorities. Other than agreements under the IAEAA, the division is relying on mutual legal assistance treaties (MLATs), for the US to obtain evidence located abroad. Limitations of the IAEAA and MLATs are detailed.

Unfair competition (Commerce), Unfair competition

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Commercial ventures invoke 'competitive' laws: the use of distributors and sales agents in Europe is subject to E.U. and national antitrust laws

Article Abstract:

The European Union restricts the competitive or antitrust aspects of sales agent and distributor arrangements, and both the EU and its member nations regulate terminations and post-termination indemnifications in such relationships. In the EU, distributors are generally defined as those who buy and sell on their own account, while agents do so on the account of the principal. Art 85(1) of the Treaty of Rome bars any noncompetitive agreements, though a variety of exceptions and exemptions are available.

Distributors (Commerce), European Community, international

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Criminal law; effective assistance

Article Abstract:

The right of criminal defendants to effective assistance of counsel continues to be a much-litigated issue. Reasons defendants may not receive effective legal assistance vary greatly, ranging from an inadequate supply of experienced, lawyers in some jurisdictions, inadequate supervisiion of counsel by some courts to individual lack of money to pay good lawyers. Even the most mediocre legal help may satisfy constitutional standards since the standard for effective assistance of counsel is so low.

Right to counsel, Defense (Criminal procedure)

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