This Note will analyze the market definitions relevant in determining illegal foreclosure effects in export trade. Part I will discuss the Export Trading Company Act of 1982 (the ETCA). Part II will analyze potential illegal foreclosure effects in United States export trade practices. Part III will discuss the product and geographic market definitions relevant to a determination of illegal foreclosure effects. This Note proposes a two step process for evaluating foreclosure in export markets. First, determine if there is or will be a negative effect on United States consumers if competitors’ export opportunities are limited. Second, the market should then be defined from the exporters’ perspective.
Elayne K. Robertson,
Market Definitions Relevant in Determining Illegal Foreclosure Effects in Export Trade,
10 Fordham Int'l L.J. 59
Available at: http://ir.lawnet.fordham.edu/ilj/vol10/iss1/3