The Extraterritorial Effects of Antitrust Law on Transfer of Technology Transactions

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Max Planck Institute for Foreign and International Patent, Copyright, and Competition Law, 1988 - Law - 182 pages
This book tackles the problem of determining which national or supranational laws will be applicable to international transfer of technology transactions. It therefore is of particular interest to practitioners in this field, who will find it helpful for drafting and negotiating international transfer of technology contracts. The study focuses on the extraterritorial effects of antitrust laws as they have been developed and applied in the United States and the European Economic Community, taking into consideration, where necessary, other antitrust systems from a comparative perspective. The author2s analysis of the problem reveals that an adequate equilibrium between the different legal systems involved may be attained through the application of certain basic general principles of international law. To this extent, the book constitutes an important contribution to the general doctrine of international antitrust law. Cabanellas is also author of the book 2Antitrust and Direct Regulation of International Transfer of Technology Transactions2 (IIC Studies, Volume 7. 1984. 175 pages. DM 68,-. VCH Verlagsgesellschaft, Weinheim). This book gives a comprehensive overview of the rules that apply directly to the international transfer of technology and compares them with the rules that apply to such transactions under antitrust and

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Contents

Introduction
1
The Relation between Extraterritorial Antitrust
54
The Effects of Antitrust on Specific Provisions of Inter
71
Field of Use Restrictions
105
Grantbacks
119
Tying Arrangements
125
Price Restraints
135
Royalty Provisions
144
NoContest Clauses
150
Automatic Extension of Licensing Agreements
153
Conclusion
166
Index
179

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