IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Login to save this article or follow this journal

Abus de puissance économique et droit international privé

  • Martine Béhar-Touchais
Registered author(s):

    We witnessed an increased internationalization of anti competitive practices and restrictive business practices, among which abuses of economic dominance could be mentioned. This phenomenon, a major consequence of the globalization of the economy, makes the interfaces between economic law and private international law complex and of paramount importance. It stems from statutory economic laws and case laws a perfectible objective to address the international anti competitive practices by applying mandatory economic laws in regulating the market behavior of the international undertakings, i.e., competition law rules. The mandatory character of the economic law rules regulating the market not only ensures their self enforcement, but also guarantees their respect by the economic actors. However, the mandatory character of these rules can be undermined by the principle of party autonomy which is recognized by private international law. Hence, the contractual freedom to choose an applicable law, to conclude a choice of forum agreements and to solve their litigation by arbitration are ?legal tools? that the economic actors can use to hinder the mandatory character of the rules regulating the economic behavior within the market. By using these very tools that private international law makes available to them, undertakings are able to elaborate litigation strategies that allow them to circumvent the mandatory character of these rules to their own selfish economic interests.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL: http://www.cairn.info/load_pdf.php?ID_ARTICLE=RIDE_241_0037
    Download Restriction: free

    File URL: http://www.cairn.info/revue-internationale-de-droit-economique-2010-1-page-37.htm
    Download Restriction: free

    Article provided by De Boeck Université in its journal Revue internationale de droit économique.

    Volume (Year): t. XXIV, 1 (2010)
    Issue (Month): 1 ()
    Pages: 37-59

    as
    in new window

    Handle: RePEc:cai:riddbu:ride_241_0037
    Contact details of provider: Web page: http://www.cairn.info/revue-internationale-de-droit-economique.htm

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_241_0037. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.