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Questions and Answers
What happens to agreements that are prohibited due to restriction, prevention, or distortion?
What happens to agreements that are prohibited due to restriction, prevention, or distortion?
Under which condition can a contract valid under Swiss law hold legal force before the EU court?
Under which condition can a contract valid under Swiss law hold legal force before the EU court?
What is a major implication of undertaking agreements that violate anti-trust regulations?
What is a major implication of undertaking agreements that violate anti-trust regulations?
Why might EU undertakings enter agreements subject to Swiss law despite potential violations?
Why might EU undertakings enter agreements subject to Swiss law despite potential violations?
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What does art. 101 refer to in the context of agreements?
What does art. 101 refer to in the context of agreements?
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What was the purpose of establishing the WTO in 1995?
What was the purpose of establishing the WTO in 1995?
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Which of the following best describes the WTO's ability to settle disputes?
Which of the following best describes the WTO's ability to settle disputes?
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How does the legal framework of the WTO prevent discrimination?
How does the legal framework of the WTO prevent discrimination?
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Which of the following is NOT a characteristic of the WTO?
Which of the following is NOT a characteristic of the WTO?
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What significant issue arose during Trump’s administration relevant to the WTO?
What significant issue arose during Trump’s administration relevant to the WTO?
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What key development was necessitated by the GATT's establishment in 1947?
What key development was necessitated by the GATT's establishment in 1947?
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What is a crucial distinction between the WTO and the European Union?
What is a crucial distinction between the WTO and the European Union?
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What was the outcome of the international agreements reached by the Euro Rome I?
What was the outcome of the international agreements reached by the Euro Rome I?
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What is the primary aim of the 1993 Regulation?
What is the primary aim of the 1993 Regulation?
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What concern does the Bar of the Netherlands express regarding lawyers' independence?
What concern does the Bar of the Netherlands express regarding lawyers' independence?
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Which activity is highlighted as potentially conflicting with a lawyer's advisory role?
Which activity is highlighted as potentially conflicting with a lawyer's advisory role?
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What is a potential outcome of lawyers working together in organizations according to the Bar association?
What is a potential outcome of lawyers working together in organizations according to the Bar association?
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What aspect of the legal profession does the 1993 Regulation aim to protect?
What aspect of the legal profession does the 1993 Regulation aim to protect?
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What does the Bar of the Netherlands believe about concurrent activities of lawyers?
What does the Bar of the Netherlands believe about concurrent activities of lawyers?
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Why is the independence of lawyers considered essential by the Bar of the Netherlands?
Why is the independence of lawyers considered essential by the Bar of the Netherlands?
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What fundamental principle is associated with the legal profession, according to the 1993 Regulation?
What fundamental principle is associated with the legal profession, according to the 1993 Regulation?
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What is one of the exceptions to non-discrimination stated in Article 101?
What is one of the exceptions to non-discrimination stated in Article 101?
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Which article relates to agriculture as an exception to Article 101?
Which article relates to agriculture as an exception to Article 101?
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What significant issue arose in the early 90s with a large American corporation?
What significant issue arose in the early 90s with a large American corporation?
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In Case 309/99 from the Netherlands, what restriction did the bar association impose?
In Case 309/99 from the Netherlands, what restriction did the bar association impose?
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Which article covers providers delivering services of general economic interest as an exception?
Which article covers providers delivering services of general economic interest as an exception?
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Why is the situation from the early 90s considered relevant to the economic activity exceptions?
Why is the situation from the early 90s considered relevant to the economic activity exceptions?
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What general principle does Article 101 TFEU aim to uphold?
What general principle does Article 101 TFEU aim to uphold?
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What was the outcome of the policy established by the bar association regarding service provision?
What was the outcome of the policy established by the bar association regarding service provision?
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What was the primary legal argument presented by Dassonvile regarding the Belgian national rule?
What was the primary legal argument presented by Dassonvile regarding the Belgian national rule?
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According to the court's decision, how are Member States' trading rules viewed in relation to intra-Community trade?
According to the court's decision, how are Member States' trading rules viewed in relation to intra-Community trade?
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What must Member States ensure when they take measures to prevent unfair practices related to product designation of origin?
What must Member States ensure when they take measures to prevent unfair practices related to product designation of origin?
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What is required for a product with a denomination of origin to enter the Belgian market?
What is required for a product with a denomination of origin to enter the Belgian market?
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What condition does the court impose on Member States concerning the authenticity of product designations?
What condition does the court impose on Member States concerning the authenticity of product designations?
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What did paragraph 5 establish regarding trading rules enacted by Member States?
What did paragraph 5 establish regarding trading rules enacted by Member States?
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In the absence of a harmonizing EU instrument, what can a Member State decide regarding product authenticity?
In the absence of a harmonizing EU instrument, what can a Member State decide regarding product authenticity?
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What was a significant factor considered by the court in assessing the measures taken by Member States?
What was a significant factor considered by the court in assessing the measures taken by Member States?
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What is considered exclusionary abuse in market competition?
What is considered exclusionary abuse in market competition?
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What is the primary focus of the Paris Convention regarding unfair competition?
What is the primary focus of the Paris Convention regarding unfair competition?
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According to the Paris Convention, what constitutes an act of unfair competition?
According to the Paris Convention, what constitutes an act of unfair competition?
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What aspect of unfair competition is emphasized by the directive on unfair competition practices?
What aspect of unfair competition is emphasized by the directive on unfair competition practices?
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In what year was the Paris Convention, a significant document in unfair competition law, established?
In what year was the Paris Convention, a significant document in unfair competition law, established?
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Why is the European Commission not very concerned with exclusionary abuses?
Why is the European Commission not very concerned with exclusionary abuses?
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What is a potential consequence of a supermarket establishing difficult conditions for suppliers?
What is a potential consequence of a supermarket establishing difficult conditions for suppliers?
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Which of the following is NOT specifically prohibited under the unfair competition directives?
Which of the following is NOT specifically prohibited under the unfair competition directives?
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Flashcards
Prohibition of Restrictive Agreements
Prohibition of Restrictive Agreements
Agreements between companies that aim to restrict, prevent or distort competition are prohibited.
Void Agreements
Void Agreements
Agreements made in violation of anti-trust laws are automatically void and unenforceable.
EU Law Precedence
EU Law Precedence
EU law applies even to agreements made under the laws of a different country, if those agreements violate EU anti-trust rules.
EU Law and National Law
EU Law and National Law
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Swiss Agreements and EU Law
Swiss Agreements and EU Law
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What is the WTO?
What is the WTO?
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How did the WTO come about?
How did the WTO come about?
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What areas does the WTO cover?
What areas does the WTO cover?
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How does the WTO resolve trade disputes?
How does the WTO resolve trade disputes?
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What kind of organization is the WTO?
What kind of organization is the WTO?
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What is the legal basis of the WTO?
What is the legal basis of the WTO?
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Why are the WTO rules important?
Why are the WTO rules important?
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Who is bound by WTO decisions?
Who is bound by WTO decisions?
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Measure having an effect equivalent to quantitative restrictions (MEQRs)
Measure having an effect equivalent to quantitative restrictions (MEQRs)
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Certificate of origin
Certificate of origin
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Free movement of goods
Free movement of goods
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Lisbon Treaty
Lisbon Treaty
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Article 34 of the Lisbon Treaty
Article 34 of the Lisbon Treaty
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Dassonville Case
Dassonville Case
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Reasonableness and Non-hindrance
Reasonableness and Non-hindrance
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Harmonization
Harmonization
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National Security Exception
National Security Exception
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Agriculture Exception
Agriculture Exception
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Services of General Economic Interest Exception
Services of General Economic Interest Exception
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Exceptions in EU Competition Law
Exceptions in EU Competition Law
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Case 309/99 (Netherlands Bar Association)
Case 309/99 (Netherlands Bar Association)
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Corporate Accountability in the EU
Corporate Accountability in the EU
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Conflict of Interest between Lawyers and Accountants
Conflict of Interest between Lawyers and Accountants
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Exceptions to EU Competition Rules
Exceptions to EU Competition Rules
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Exclusionary abuse
Exclusionary abuse
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Confusion by any means
Confusion by any means
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Unfair competition
Unfair competition
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Convention of Paris
Convention of Paris
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EC's limited concern
EC's limited concern
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Acts of unfair competition
Acts of unfair competition
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Directive on Unfair Competition Practices
Directive on Unfair Competition Practices
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Harmonization of unfair competition
Harmonization of unfair competition
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Purpose of the 1993 Regulation
Purpose of the 1993 Regulation
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Netherlands Bar Association's Concern
Netherlands Bar Association's Concern
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Conflict of Interest Concern
Conflict of Interest Concern
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Regulation's Necessity
Regulation's Necessity
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Maintaining Professional Standards
Maintaining Professional Standards
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Regulation's Scope
Regulation's Scope
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Bar Association's Concerns
Bar Association's Concerns
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Regulation's Focus
Regulation's Focus
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Study Notes
International Commercial Law
- International commercial law governs relationships that extend beyond national borders.
- The traditional approach relied on tariffs, with exporting countries paying fees to importing countries.
- The post-World War II era saw the rise of international agreements like the GATT and later the WTO, promoting free trade and reducing tariffs.
- Free trade areas, like NAFTA and the EU, emerged, aiming to reduce or eliminate tariffs amongst member nations. These entities often have intra-trade tariffs.
- Non-tariff barriers, such as quality standards, can also hinder international trade.
- The WTO enforces international trade agreements.
- International courts handle disputes between nation-states and transnational corporations.
- International investment arbitration, tribunals, and treaties address disputes related to foreign investments, potentially involving national immunities.
- Transnational corporations operate in multiple countries, raising issues of national sovereignty and legal jurisdiction.
- The WTO, with its dispute settlement mechanisms, provides a framework for rules-based resolution.
- Key principles of the WTO include the most-favored-nation principle and national treatment.
Institutions of International Character
- The WTO is a significant institution managing international trade.
- The WTO's dispute resolution system has procedures to handle breaches of international treaties.
- The WTO's dispute system is treaty based and there is no way an individual can invoke these treaties at court.
- The WTO is not a state, but an organization with no sovereignty.
- The WTO enforces international trade agreements.
- The WTO aims to reduce or eliminate tariffs and other trade barriers.
- The WTO is a product of several international treaties focused on unifying different areas covered in the agreement (e.g.: from telecommunications to trade in agricultural products).
International Commerce and the Codification of International Commercial Law
- International organizations, particularly UNCITRAL (United Nations Commission on International Trade Law), provide codified international commercial law.
- UNCITRAL works to create and harmonize international commercial law through conventions, model laws, and other instruments.
- The NY Convention on the recognition and enforcement of international arbitral awards is a key UNCITRAL achievement.
- The Vienna Convention on Contracts for the International Sale of Goods (CISG) is the most widely used international sales law.
Regulation of International Free Competition
- The EU has three freedoms: movement of goods, services, capital, and people.
- The cornerstone of EU Competition law is art.34 TFEU which aims to eliminate and distort the effective operation of the internal market.
- EU regulations aim to protect consumers and promote fair competition.
- The "Keck" and "Cassis de Dijon" cases establish important criteria regarding how national measures affect competition.
- Cases involving Sunday trading restrictions or quality standards offer examples of national laws that affect competition.
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Description
Test your knowledge on international trade agreements, focusing on EU competition law, Swiss legal provisions, and the WTO's role in dispute resolution. This quiz covers key concepts and implications of agreements, challenges within the WTO, and historic developments in trade regulation.