International business laws, fictive case

Extraits

[...] In this aim, its is essential to know that the Kingdom of Utopia is submitted to the EU regulations and is regulated by merely textes of law (I'll use to advise Peach International in its strategy): WTO; Paris Convention; New York Convention; CISG SUMMARY I / Company's Presentation Start-up status II / International Situation International contract make up - Sphere of Application of the International contract - Formation of the contract - Sale of goods : obligations of the saler - Sale of goods : obligations of the buyer - Passing of risks / Incoterms - Damages III / Patent and Intellectual 13 Situation Trademark Industrial property International Contract Intellectual property 4 IV / Situation B / Competition law V / International arbitrary and Situation Bribery VI / Situation Law I / Company's status Presentation Peach International is a US start-up located on eastern in Georgia. It is a business of developping, manufacturing and marketing in “high tech telecommunication equipment” sector. [...]

[...] That means Peach International would just handle with them. - The third one PIVOPHONE Utopia (which belongs to PIVOPHONE Global) wants the monopoly. In this aim, it proposes higher prices and guarantees. In the same time the mother company requires the world-wide exclusivity (for all its subsidiaries). It proposes a clause for Peach International if actual sales in Utopia do not reach a certain level for the first year. If the sales are good, Pivophone promised to purchase the device in their subsidiaries on behalf the world. [...]

[...] That would represent a big market for Peach International B / Regulations In the case of PIVOPHONE, we could note that the company wants to form a cartel. Although, in the EU convention, cartels are very controlled or forbidden (articles 80 and 81 of the convention). Cartel members may agree on such matters as price fixing, total industry output, market shares, allocation of customers, allocation of territories, bid rigging, establishment of common sales agencies, and the division of profits or combination of these. [...]

[...] In this case, Peach International could choose to create a new offer with PIVOPHONE Utopia's changes.This is necessary to be in good term with the law. Sale of goods : saler's obligations According to the article 30, seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and this Convention”. It means that Peach International has to agree with the future buyer to place where the goods will be delivered (In Utopia Kingdom, in USA, in an other place by which transportation ( by train, by boat, by trucks when the goods will be delivered ( a period of late has to be defined, then late indemnity They shouldn't forget to join to the deliver the documents related to the product. [...]

[...] Procedure If Peach International wants to be subjected to the IPO at London and Paris stock exchanges, it has to be very careful to the procedure to follow. Indeed, in an IPO, the issuer may obtain the assistance of an underwriting firm, which helps it determine what type of security to issue (common or preferred), best offering price and time to bring it to market. IPOs generally require one or more investment banks as "underwriters" The company offering its shares, called the "issuer," enters a contract with a lead underwriter to sell its shares to the public. [...]