A Comparative Look on Foreign State Compulsion as a Defence in Antitrust Litigation

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Abstract

This paper presents and investigates the foreign state compulsion as a defence in transnational antitrust cases. It takes a comparative approach by looking at the doctrine and its developments in the United States and in the European Union. To illustrate the relevance of the defence and the difficulties of its applicability, this paper analyses the new antitrust case law emerging in the US involving Chinese export cartels. It is argued that at present the standard required to prove compulsion is too high to serve its function.
Original languageEnglish
Pages (from-to)143-167
Number of pages25
JournalCompetition Law Review
Volume8
Issue number2
Publication statusPublished - Jul 2012

Keywords

  • Antitrust litigation
  • antitrust defences
  • state-related defences
  • avoidance techniques
  • foreign state compulsion
  • sovereign compulsion
  • state action doctrine
  • Parker doctrine
  • state compulsion
  • Chinese export cartels
  • competition law
  • antitrust law

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