Skip to main content
U.S. Department of Energy
Office of Scientific and Technical Information

Legal analysis of the Export Trading Company Act and its impact of the export of energy technology

Conference · · Energy Technol. (Wash., D.C.); (United States)
OSTI ID:5763221

Two case studies, one involving a proposed synfuels technology licensing/technical assistance agreement and one a joint marketing of energy production and conservation equipment, illustrate how antitrust laws can affect export activities. The Export Trading Company Act embodies two different approaches to the problem. Title III provides antitrust preclearance protection in the form of immunity from antitrust suits and procedural advantages in private suits against the holder of an export trade certificate of review. The costs of these certificates of review include the time and money spent in preparing the application and negotiating the contents. There may also be costly delays in business plans and a cost in the disclosure of confidential business information. After reviewing the costs and benefits, the author concludes that Title III certificates of review will cost more in the long run, but will provide more benefits.

Research Organization:
Dept. of Commerce, Washington, DC
OSTI ID:
5763221
Report Number(s):
CONF-850301-
Journal Information:
Energy Technol. (Wash., D.C.); (United States), Journal Name: Energy Technol. (Wash., D.C.); (United States) Vol. 12; ISSN ENTED
Country of Publication:
United States
Language:
English