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A Comparative Look on Foreign State Compulsion as a Defence in Antitrust LitigationMarek MartyniszynLoyola University Chicago School of Law, Institute for Consumer Antitrust Studies; University College Dublin - School of Law January 1, 2012 Competition Law Review, Vol. 8, Issue 2, 143-167, 2012 UCD Working Papers in Law, Criminology and Socio-Legal Studies Research Paper No. 01/2012 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.
Number of Pages in PDF File: 25 Keywords: Antitrust litigation, antitrust defences, state-related defences, avoidance techniques, foreign state compulsion, state action doctrine, Parker doctrine, state compulsion, Chinese export cartels, competition law JEL Classification: K21, K41, L40 Accepted Paper SeriesDate posted: January 16, 2012 ; Last revised: July 20, 2012Suggested CitationContact Information
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