A Comparative Look on Foreign State Compulsion as a Defence in Antitrust Litigation
Competition Law Review, Vol. 8, Issue 2, 143-167, 2012
25 Pages Posted: 16 Jan 2012 Last revised: 20 Jul 2012
Date Written: January 1, 2012
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: Suggested Citation