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Vol 1 (2003) - Issue 3

Navigating the competition law minefields

Dr Martin Mendelsohn, Eversheds, London and Alan H. Silberman, Sonnenschein Nath & Rosenthal LLP, Chicago

In this article, based on a paper given at The Increasing Globalization of Franchising, International Bar Association Section on Business Law, International Franchise Association, 19th Annual Conference, Washington, D.C., on May 14–15, 2002, the authors give a detailed explanation and analysis of the application of competition law under both European and US legal systems.

EU Report December 2003

André Bywater, James Webber, Trudy Feaster and Paul Hughes, Eversheds, Brussels, Leeds and Cambridge

EU competition law issues continue to make the headlines with the European Commission losing in a number of cases before the (European) Court of First Instance, although the Commission has scored successes in other cases before the Court. The proposed revisions to the transfer of technology legislation have attracted considerable critical attention and therefore we have reported on the proposal in more detail in this issue. Finally, in response to the summer consultation on the radical plans to reform the way the chemicals industry is regulated, the Commission has now put forward a revised proposal which, if adopted in its current format, will force the chemicals industry radically to rethink its industrial strategy as the plans will affect the industry’s ability to compete successfully.

US Report December 2003

Michael G. Brennan and Tara A. Cope, Piper Rudnick LLC, Chicago

In this issue, US Report examines a recent State of Minnesota Court of Appeals decision of importance to manufacturers, with regard to whether a distributorship constitutes a “franchise”. In another case, a federal trial court in Illinois recently addressed the issue of which choice-of-forum clause controls when the parties have entered into two or more agreements with conflicting choice-of-forum clauses. Finally, this issue’s report concludes with a brief review of how courts analyse liquidated damages clauses.