Legal Assignment

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Submitted By Koanna
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Pages 5
1a) K Company is in violation of Article 82 of the European Community Treaty. This is because K Company controlled 65% of the market share while at the same time, they tried to forbid other manufacturers from taking advantage of their position in the marketplace and refused to share patents and copyrights that it owns for the operating system software that controls its computers. As such, this shows that K Company is indirectly imposing unfair trading conditions. Since K Company is from America, a foreign firm, and have the intention to monopolize trade within EU, they are in breach of the EC treaty.

1b) K Company can be charged with violating the American Antitrust law. This is because Section 2 of Sherman Antitrust Act forbids monopolies and attempts to monopolize commerce or trade either between the states of the United States or in international commerce affecting the United States. To prove a violation, plaintiffs (all other computer manufacturers) have to show that the defendant (K Company) intended to monopolize the marketplace by mentioning that K company refuses to share the patents and copyrights and disallow them to produce computers that are compatible to theirs. Thus, as a matter of international comity and fairness, the court should assume extraterritorial jurisdiction over the matter.

2) Hispaniola will be held liable for the stolen commodities. Because the liability for the commodities has been passed on to Hispaniola upon the issuing of the clean bill of lading. As such, given this circumstances at the time when the bill of lading was issued, it shows that Hispaniola is held responsible to ship the commodities and ensure that it will reach the buyers safely.

Given the danger involved, Ishmael employed Starbuck to keep a lookout for pirates and this shows that he was aware of the presence of…...

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