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

25 Pages Posted: 16 Jan 2012 Last revised: 20 Jul 2012

Marek Martyniszyn

Queen's University Belfast - School of Law

Date Written: January 1, 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.

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

Suggested Citation

Martyniszyn, Marek, A Comparative Look on Foreign State Compulsion as a Defence in Antitrust Litigation (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. Available at SSRN: https://ssrn.com/abstract=1986032

Marek Martyniszyn (Contact Author)

Queen's University Belfast - School of Law ( email )

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HOME PAGE: http://go.qub.ac.uk/Martyniszyn

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