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

Citation
Title:
A Comparative Look on Foreign State Compulsion as a Defence in Antitrust Litigation
Year: 
2012
Publication: 
Competition Law Review
Volume: 
8
Issue: 
2
Start Page: 
143
End Page: 
167
Publisher: 
CompLRev
Language: 
English
URL: 
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1986032
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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.

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