Remedies in international transactions: a case for flexibility

Article Abstract:

Antitrust enforcement agencies should seek flexible remedies in merger investigations where imperfect information is available from multinational businesses or foreign competitors. The increasingly global nature of many markets suggests that foreign competition may have significant impact on market share analysis. Since foreign businesses, particularly third parties, may be beyond US jurisdiction, US enforcement agencies may have limited information. Consent decrees should be designed to accommodate additional information when it becomes available.

Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Antitrust Law, Acquisitions and mergers, international

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Foreign competition and the market power inquiry

Article Abstract:

Analyzing foreign competitors' impact on market power is a salient part of antitrust law deliberations. This impact may pertain to existing imports and what portion of these should be considered as part of the relevant market. The impact may also come into play with the possible new entry into the US by competition from abroad. Economic and political factors differentiate foreign competition from US competition. Foreign competition is dealt with in the most detail by the Department of Justice in the 1988 International Guidelines.

Interpretation and construction, Unfair competition (Commerce), Unfair competition

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Deregulation and merger enforcement in the natural gas industry

Article Abstract:

The actions of the Federal Trade Commission in managing antitrust issues arising out of mergers in the natural gas industry is discussed. The article concludes that the FTC has been effective in preserving the benefits of mergers while keeping negative effect in check.

United States, Mergers, acquisitions and divestments, Practice, Influence, Gas industry, Deregulation, United States. Federal Trade Commission

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