New U.S. enforcement policy is assessed

Article Abstract:

The Justice Department's decision to reassess its foreign antitrust enforcement policy demonstrates its frustration with negotiation of antitrust issues with foreign countries. The department's Antitrust Division may change its 1988 policy of challenging foreign trade practices only when they hurt US consumers. Instead, any practice which harms US exporters would be challenged. The change in enforcement is mostly symbolic, stimulated by political circumstances involving Japanese trade practices. The new policy merely complements the Sherman Act and the 1982 Foreign Trade Antitrust Improvements Act. The unwillingness of foreign corporations and governments to adhere to US legal stipulations remains a problem for antitrust enforcement.

International aspects, Antitrust law, United States. Department of Justice, Economic policy

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European regulations reviewed; joint ventures

Article Abstract:

European Community (EC) officials have proposed the draft Guidelines for the Appraisal of Cooperative Joint Ventures and draft amendments for the current regulations. The EC Merger Regulation distinguishes between 'cooperative' and 'concentrative' joint undertakings. Concentrative joint ventures are judged according to less onerous standards, which has led to some distortion of transactions in order to fit into the more favorable category. The elimination of this distinction in the draft guidelines should be welcome news to the business community.

Competition (Economics), Laws, regulations and rules, Acquisitions and mergers, Joint ventures

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E.C.-U.S. Agreement on antitrust already had had impact on business

Article Abstract:

The EC-US Antitrust Cooperation Agreement seems to be reducing conflict between governments on the enforcement of competition laws. The agreement includes the following: mandatory notification when one party's enforcement activities might affect another's important interests, mandates information sharing about anti-competitive and enforcement activity in each other's territory, coordination of enforcement activities, positive comity, and avoidance of conflict by respecting each other's important interests.

Interpretation and construction, Commercial treaties, Trade agreements, Antitrust law (International law)

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