Foreign blocking statutes and the GATT: state sovereignty and the enforcement of U.S. economic laws abroad

Article Abstract:

State sovereignty has been cited as a reason for enacting foreign blocking statutes to prevent the enforcement of U.S. antitrust law abroad, but such statutes are often used to protect domestic industries from international competition. However, an international preference for efficient markets is increasingly evident, one that will lead to less emphasis on sovereignty or a new interpretation that does not obstruct free trade. Trends in the General Agreement on Tariffs and Trade as well as more international cooperation in antitrust enforcement indicate international interest in efficient trade.

Sovereignty, international

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Assessing the impact of preferential trade agreements and new rules of origin on the extraterritorial application of antitrust law to international mergers

Article Abstract:

Recent changes in US and EC rules of origin provide incentives for foreign companies to merge overseas operations with those in the EC, Canada or the US to obtain preferential trade treatment. Such mergers raise concerns about the extraterritorial applicability of US antitrust law. A default rule should be adopted to establish a presumption for extraterritorial antitrust jurisdiction unless the forum government expressly supports immunity for a particular merger, in which case the presumption would be for denial of jurisdiction. Remaining conflicts should be settled through arbitration.

Economic aspects, Acquisitions and mergers, Tariff preferences

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Antitrust at 35,000 feet: the extraterritorial application of United States and European Community competition law in the air transport sector

Article Abstract:

The air transportation industry will benefit from increased competition in international operations which may be instituted through cooperative deregulation or competitive enforcement efforts of governments. Deregulation in the US has proved valuable in some respects, but questions remain regarding competitive consequences. Extension of European Union antitrust laws extraterritorially is complex in this industry, complicating treaty negotiations.

United States, European Union, Usage, Laws, regulations and rules, Airlines, Deregulation, Commercial treaties, Trade agreements, Industry regulations, Civil aviation, Government regulation of business, Trade regulation

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