Posted 29 March 2015 - 10:01 PM
Wombat: Although it has been almost a decade and a half since I have studied EU trade law, I would suggest that the EU is very good at finding ways to work around holes in their regulatory schemes such as the lack of physical presence contingency. For the most part, US trade and anti-trust law prohibits specific acts and allows in varying degrees others. The EU tends to ban all of certain activity and then dispense exemptions for certain activities. It is a subtle but powerful distinction you see a lot in Compulsory Licensing Agreements, anti-trust and the like. Besides, any government body that regulates sheep flatulence, pig toys, declares Sicily not to be an island, and playground equipment will not be deterred by such a fine distinction.
"Ye're a verra clever chiel, man, but ye wad be nane the waur o' a hanging" Robert McQueen, Lord Braxfield (4 May 1722 – 30 May 1799) Lord Justice Clerk 13 December 1776 – 30 May 1799