Friday, April 11, 2014

Re Wood Pulp case brief summary

Re Wood Pulp
Case Text:

Case Facts
Restrictive practices were causing problems with the shipment and use of wood pulp in Europe.

  • In this case, which was before the ECR, the court chose to use the more restrictive implementation test, as opposed to the US effects test.
  • The implementation test requires that there be an actual effect, and not just an intended effect.
  • Under the implementation test, the conduct must be direct, substantial, and foreseeable for jurisdiction to be engaged.
  • That is a more restrictive standard than the US effects test.
  • However in practice, both tests are pretty much the same.

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