Administrative Law

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By Bruno Zanettin

This publication addresses the difficulty of foreign antitrust enforcement, concentrating on bilateral cooperation among antitrust enterprises, specifically the eu fee and the U.S. organizations. It indicates how bilateral cooperation was once constructed as a reaction to the boundaries of the unilateral and extraterritorial software of nationwide festival legislation, and the way it has advanced from an software before everything designed to prevent conflicts right into a device geared toward coordinating joint investigations of overseas pageant instances. It then considers how bilateral cooperation will be optimally used, via studying varieties of complex cooperation: the alternate of personal details, and confident comity.

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Commission, [1972] ECR 619, 695–6. 59 Decision of the Commission of the European Communities, Wood Pulp, OJ 1985 L 85/1. 60 Ibid, p 15. 61 Prof. Michel Waelbroeck, ‘The European Approach’, in Cecil J. ), Extraterritorial Application of Laws and Responses Thereto (Oxford International Law Association 1984) p 75. 62 ICI v. Commission, see n 52 above. 63 This theory had been suggested by the Commission during the pleadings as a basis of jurisdiction, which shows that the Commission was not confident in the Court’s willingness to embrace the effects doctrine.

The case was brought by Timberlane against The Bank of America for an alleged conspiracy in Honduras to preclude Timberlane from logging there and from shipping its lumber to the United States. 30 Ibid, p 613. 31 Mannington Mills, Inc. v. 2d 1287 (3rd Cir. 1979). Other lower courts, however, seriously questioned the validity of the jurisdictional rule of reason. See in particular Laker Airways Ltd. v. C. Cir. 1984). 32 See n 21 above. The litigation began when a series of state attorneys brought an antitrust challenge against a group of insurance and reinsurance companies on the ground that they had conspired to eliminate certain forms of insurance coverage in the United States.

The Office prohibited the merger between the two German subsidiaries of Philip Morris and Rothmans. The decision was confirmed by the Court of Appeal of Berlin (see WuW/E BKartA 1943, decision of 1 July 1983). 57 Decision of the Commission of the European Communities, Dyestuff, OJ 1969 L 195 /11. 59 This case was all the more meaningful since the Commission was confronted for the first time with a cartel that entirely originated from outside the European Community. It involved forty-one US, Canadian and Scandinavian producers of wood pulp, which had allegedly engaged in concerted practices to fix the price of wood pulp sales to buyers within the Common Market.

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