Projects per year
Abstract
This article analyses the current regulatory framework governing transnational restrictive business practices. It identifies key gaps that provide room for anticompetitive practices to flourish, causing cross-border transfer of wealth, typically from less affluent states. The economic harm caused by cross-border anticompetitive conduct is significant; international cartels alone caused overcharges exceeding $1.5 trillion in the period 1990–2016. This article offers a series of pragmatic policy recommendations that could narrow existing regulatory gaps. The proposals require no international negotiations and can be implemented domestically. They call for enabling of more assertive and robust extraterritorial enforcement of domestic competition laws and facilitation of positive externalities in that context.
Original language | English |
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Pages (from-to) | 686-707 |
Number of pages | 22 |
Journal | Journal of Competition Law & Economics |
Volume | 17 |
Issue number | 3 |
Early online date | 14 Jan 2021 |
DOIs | |
Publication status | Published - 01 Sept 2021 |
Keywords
- Competition Law
- Competition Policy
- Antitrust
- Extraterritoriality
- Extraterritorial Jurisdiction
- Effects Doctrine
- Cartels
- International Cartels
- Export Cartels
- Developing Countries
Fingerprint
Dive into the research topics of 'Competitive Harm Crossing Borders: Regulatory Gaps And A Way Forward'. Together they form a unique fingerprint.Projects
- 1 Finished
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R3875LAW: Marek Martyniszyn GCRF Application
Martyniszyn, M. (PI)
07/02/2017 → 31/07/2017
Project: Research
Activities
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Invited personnel training seminar ‘Protecting Local Markets More Effectively: Extraterritoriality in EU Competition Law’
Martyniszyn, M. (Advisor)
04 Jul 2023Activity: Talk or presentation types › Invited talk
File -
Invited Seminar ‘Extraterritoriality in EU Competition Law: in the Vanguard for Good Reasons'
Martyniszyn, M. (Advisor)
22 Jun 2023Activity: Talk or presentation types › Public lecture/debate/seminar
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Protecting Your Market & Reaffirming Sovereignty: The Case of Cross-Border Competitive Harm
Martyniszyn, M. (Advisor)
03 Mar 2023Activity: Talk or presentation types › Invited talk
File
Press/Media
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Invited contribution: 'Cartels: the Hidden Enemy Behind Rising Prices and What Can we do About it Internationally?' to the University of Nottingham Commercial Law Centre Blog (Feb 2022)
04/02/2022
1 Media contribution
Press/Media: Public Engagement Activities
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The special edition of LawPod podcast series: 'Developing Countries Experience with Extraterritoriality in Competition Law' (Feb 2022)
01/02/2022
1 Media contribution
Press/Media: Public Engagement Activities
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Launch of the UNCTAD Report on Developing Countries with Extraterritoriality in Competition Law Enforcement - video recording - official UNCTAD YouTube channel (Dec 2021)
09/12/2021
1 item of Media coverage
Press/Media: Public Engagement Activities