[by] Norman J. Padelford. / Includes bibliographical references.

Law / LL.M.

LL.M. / Modern competition occurs in a global market and straddles various state borders. This international dimension of competition law (antitrust law) subsequently raises concerns whether one state can apply its competition rules extraterritorially against an undertaking in another country, when the latter behaves in an anti-competitive manner that, for example, have adverse effects in the territory of the former. In the context of such extraterritorial enforcement, the concept of the Effects doctrine as created and developed in the antitrust jurisprudence of the United States plays an important role. In this dissertation the issue of extraterritorial antitrust jurisdiction is investigated in an attempt to suggest a suitable basis for assertion of such jurisdiction. The evolution of the Effects doctrine in the United States and its further development and qualification in American Antitrust jurisprudence is addressed as well as its interrelation with the concept of international comity. Thereafter the basis for assertion of extraterritorial antitrust jurisdiction by the European Community is investigated. In this regard the long favoured Single Economic Entity Theory is addressed as well as the development of a form of Effects doctrine by the European Commission which eventually culminated in acceptance of an “Effects/Implementa-tion doctrine” by the European Court of Justice in the Wood Pulp case. It should however be noted that the scope of the extraterritorial application of the competition rules of the European Community is extended by the EC Merger Control Regulation 139/2004. Thus, the jurisdictional range of the Merger Control Regulation is considered in chapter 4. It is submitted that although the Effects doctrine is competent as sole basis for exercising extraterritorial antitrust jurisdiction, it has various disadvantages, inter alia that it evokes conflict between states due to differences in competition law and policy and various states interests. Consequently co-operation on a bilateral level is investigated in chapter 5 as a possible solution. Finally, the South African stance on the extraterritorial enforcement of its Competition Act 89 of 1998 is investigated in chapter 6 and certain observations and suggestions are made for future exercise of extraterritorial antitrust jurisdiction.

The general problem to be dealt with in this thesis is that of determining whether the antitrust laws of the state of Texas fulfill their aim of maintaining competition through the prosecution of conspiracies in restraint of trade. The specific problem is the determination of the effect of the antitrust laws on the dairy industry in Texas.

History has proven that, if freed from the grasp of the unitary executive, the elected Attorney General flourishes as a lawyer for the law dedicated above all else to the "public interest." In light of these proven benefits, the pressing question becomes whether this tested design can help the people of Africa as they fight to reclaim their wayward governments. Might a popularly elected Attorney General steady the bridge so Africa can pass through to freedom and prosperity? More immediately, does the divided executive with its elected attorney general represent a new hope for Africa in combating corruption? The author takes a critical look at the evolution of the elected Attorney General and uses the role of the Attorney General in the United States of America as an example. The author concludes that perhaps now is the time to start creating the history of Africa’s ultimate escape from the endless vestiges of colonialism still embedded in the unitary executive. Maybe now is the time for the peoples of Africa to borrow an idea from their American cousins and get their own lawyer! / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr. Tilahun Teshome in association with the Addis Ababa University / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Thesis. 1976. M.Arch.--Massachusetts Institute of Technology. Dept. of Architecture. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Bibliography: leaves 118-122. / M.Arch.

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