Suchergebnisse

Mimeographed ; Paged continuously ; "Cases on trade regulation. Annotations to part III, copyright 1935" (7 l., 880-957 numb. l.) has special t.-p.; issued also separately ; Includes bibliographies ; Mode of access: Internet.

In two cases, McKesson & Robbins v. Government Employees Department Store, Inc.,' and its companion, Plough, Inc. v. Hogue & Knott Super Market, the challenge to resale price maintenance, already successful in twenty-three other states, was brought to the Tennessee Supreme Court by appeals from two opinions holding the Tennessee Fair Trade Law unconstitutional. The historical background of fair trade legislation and the national controversy surrounding it since 1951 provide essential elements of perspective for consideration of these two cases.

The antitrust laws are a minefield for the uninitiated. Indicative of this reality is the fact that there were no successful civil lawsuits alleging a violation of the antitrust laws brought in Virginia over the past year. A number of conspiracy, monopolization and price discrimination cases were attempted, but they all failed for a variety of reasons outlined in greater detail below. In contrast to the national trend, no antitrust cases with regard to health care were decided in Virginia during the past year. The absence of such cases represents a dramatic change from previous experience, which perhaps reflects the reality that-staff privilege and exclusive dealing cases involving hospitals or physicians are rarely successful under the antitrust laws.

This field of law, not previously treated independently in the annual survey, is designated as Trade Regulation or alternatively as Government or Public Control of Business. In the limit, this body of doctrine is an amalgam of tort and contract principles bearing the impress of the equity practice. These distinct principles are now embodied in both state and federal statutes as the foundations of legal control over competitive commercial conduct. Their scope extends, with different emphasis, from public utility rate regulation to a variety of aspects of market structure and conduct in the unregulated sector of the economy. The principal stuff of which its lawsuits are made includes pricing practices (price-fixing or discriminatory pricing) and other forms of collusive behavior, exclusive dealing arrangements, tying arrangements, mergers, trademark protection,and unfair competition. The decided cases within the period of this survey touch only a few of these topics.

This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers.

This study provides an overview of some, not all initiatives to improve working conditions throughout global production networks. On the basis of secondary sources it assesses the contribution of the instruments favored by these initiatives. It starts with an economic justification of international workers' rights. The debate about international workers' rights revolves primarily around enforcing standards in developing countries. Opponents of internationally enforced workers' rights see them as an obstacle to closing the industrial gap. They argue that better living and working conditions cannot be legislated but would be the natural outcome of industrialization.

This article reviews the evolution of rules on digital trade in US Free Trade Agreements (US FTAs), and argues that the US approach has shifted from treating it largely as a traditional trade issue to recognizing its unique digital nature and tailoring the rules accordingly, as it has done in the Trans-Pacific Partnership (TPP) Agreement. The article begins with a review of the efforts to regulate e-commerce in the WTO, as well as the achievements of the pre-TPP US FTAs so far, followed by a critical appraisal of the strengths and weaknesses of the e-commerce chapter in the TPP. It is hoped that, by reviewing the evolution of the regulation of e-commerce from theWTOto the TPP, we can learn some lessons on how the rules are being shaped, as well as how they might evolve in the future.