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Cartels globaux, riposte américaine. L’ère Empagran ?

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Author Info
Rezzouk, Med () (ESSEC Business School)
Abstract

This paper discusses the possible significance of the recent Empagran decision of the US Supreme court for the extraterritorial enforcement of competition law. In this decision the US Supreme rejected the claim of foreign plaintiff suing in the US another foreign firm which had participated in an international cartel but the Court did not rule out that such a claim could be admitted if it was established that the damage abroad was linked to a domestic violation of the Sherman act. We focus on two questions: - Is the Empagran decision merely a reaffirmation of a strict interpretation of the effects doctrine, and , if that is the case, how can the enforcement of domestic competition laws by national competition authorities deal with transnational anticompetitive practices ? - Can the Empagran decision be understood as signalling a move a move away from the pure effects doctrine and the beginning of a new era with a reinforced role for US courts in the fight against international cartels ?

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File URL: http://econtent.essec.fr/mediaBank/Research/Entrepot-doc/Papers/m.rezzouk/Dr_internet_04013.pdf
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Publisher Info
Paper provided by ESSEC Research Center, ESSEC Business School in its series ESSEC Working Papers with number DR 04013.

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Length: 44 pages
Date of creation: Dec 2004
Date of revision:
Handle: RePEc:ebg:essewp:dr-04013

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Postal: ESSEC Research Center, BP 105, 95021 Cergy, France
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Related research
Keywords: Trade; Antitrust; Comity; International Cartels; Extraterritoriality; Developing Countries; Economic History;

Find related papers by JEL classification:
H73 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Interjurisdictional Differentials and Their Effects
K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
N40 - Economic History - - Government, War, Law, and Regulation - - - General, International, or Comparative

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This page was last updated on 2009-12-9.

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