Cornelis Canenbley (auth.), Cornelis Canenbley (eds.)'s Enforcing Antitrust Against Foreign Enterprises: Procedural PDF

By Cornelis Canenbley (auth.), Cornelis Canenbley (eds.)

ISBN-10: 9401743770

ISBN-13: 9789401743778

ISBN-10: 9401743797

ISBN-13: 9789401743792

Introduction VII I. short define of sizeable legislation provisions I creation I 1. zero 1. 1 I united states Germany 1. 2 2 1. three EEC 2 1. four France three 1. five U. ok. four 1. 6 Switzerland five 1. 7 Italy five 1. eight Australia five 2. Is there important provision below nationwide legislations for the extrat- ritorial program of that legislations? 7 2. zero creation 7 2. 1 united states 7 2. 2 Germany eight 2. three EEC nine 2. four France nine 2. five U. ok. 10 2. 6 Switzerland eleven 2. 7 Italy eleven 2. eight Australia eleven three. appropriate ideas of intemationa11aw 12 The princip1e of kingdom Sovereignty three. 1 12 The intemational1aw princip1e of Comity three. 2 thirteen three. three the perfect to be heard on your personal defence thirteen three. four Jurisdiction dependent upon nationality; own Jurisdiction 14 three. four. 1 united states 14 three. four. 2 Germany 15 three. four. three EEC 15 France three. four. four 15 three. four. five U. ok. sixteen three. four. 6 Switzer1and sixteen three. four. 7 Ita1y sixteen Australia three. four. eight sixteen IX three. five country hospitality to trade sixteen three. five. 1 united states 17 three. five. 2 EEC 17 three. five. three Germany 18 three. five. four Switzerland 18 four. nationwide procedural ru1es 19 four. zero creation 19 four. 1 united states 20 four. 1. 1 Written requests for info (discovery orders) 20 four. 1.

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Additional resources for Enforcing Antitrust Against Foreign Enterprises: Procedural Problems in the Extraterritorial Application of Antitrust laws

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Pursuant to Article 2(2), the Commission may inform the parties by giving notice in the Official Journal of the European Communities if this appears appropriate, given the circumstances of the case, in particular, where notice is to be given to a number ofundertakings but no joint agent has been appointed. e. in writing (Article 2(3)). There is no special provision for service of the statement of objections to an enterprise outside the Community. With respect to the statement of objections, the Court followed the same approach it took with respect to decisions, considering that a statement of objections served in accordance with the EEC rules to a party located in a third country cannot invalidate the subsequent administrative procedure, once it is established that by enabling the addressee to take cognizance of the objections held against him it has achieved its purpose.

The enterprises are not obliged to respond, and the Commis- 29 sion's request therefore could not be seen as an attempted act of coercion. 1 above, that even an informal request for information pursuant to Article 11(3) of Regulation I 7, has two precise legal effects which might raise questions under international law. First, if the enterprises outside the Community respond, but supply incorrect information, they are subject to fines. Second, arequest for information by a formal decision of the Commission, pursuant to Article 11 (5) of Regulation 17, must be preceded by the sending of an informal request for information.

On the basis of the economic unit theory, the group is held to be present within the Community and therefore the situation should not be different from that under (i) above. 1 above, the Court, in United Brands (Chiquita), seems to imply that the Commission has the power to request information located outside the Community which is under the control of a non-EEC group, at least when the group has a subsidiary within the Community. Whether the request for information should be addressed to the subsidiary within the Community or to the parent company outside the Community does not seem to be important.

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Enforcing Antitrust Against Foreign Enterprises: Procedural Problems in the Extraterritorial Application of Antitrust laws by Cornelis Canenbley (auth.), Cornelis Canenbley (eds.)

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