Abuse of Economic Dominance and Private International Law (notice n° 565942)
[ vue normale ]
| 000 -LEADER | |
|---|---|
| fixed length control field | 02328cam a2200241 4500500 |
| 005 - DATE AND TIME OF LATEST TRANSACTION | |
| control field | 20250121125648.0 |
| 041 ## - LANGUAGE CODE | |
| Language code of text/sound track or separate title | fre |
| 042 ## - AUTHENTICATION CODE | |
| Authentication code | dc |
| 100 10 - MAIN ENTRY--PERSONAL NAME | |
| Personal name | Behar-Touchais, Martine |
| Relator term | author |
| 245 00 - TITLE STATEMENT | |
| Title | Abuse of Economic Dominance and Private International Law |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| Date of publication, distribution, etc. | 2010.<br/> |
| 500 ## - GENERAL NOTE | |
| General note | 3 |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | We have witnessed an increase in the internationalization of anti-competitive practices and restrictive business practices, among which abuses of economic dominance should be mentioned. This phenomenon, which constitutes a major consequence of the globalization of the economy, makes the interface between economic law and private international law complex and of paramount importance. It stems from statutory economic laws and case law having the perfectible objective of addressing international anti-competitive practices by applying mandatory economic laws in regulating the market behavior of international activities, 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 that they are complied with 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, conclude a choice of forum agreement, and solve litigation by arbitration constitute legal tools the economic actors can use to hinder the mandatory character of the rules regulating economic behaviors in the market. By using the very tools private international law makes available to them, actors are able to elaborate litigation strategies that allow them to circumvent the mandatory character of these rules for their own selfish economic interests. |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | mandatory rules (“lois de police”) |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | private international law |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | competition law |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | compromissory clause |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | abuse of economic dominance |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | choice of forumclause |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | economiclaw |
| 786 0# - DATA SOURCE ENTRY | |
| Note | Revue internationale de droit économique | XXIV1 | 1 | 2010-04-16 | p. 37-59 | 1010-8831 |
| 856 41 - ELECTRONIC LOCATION AND ACCESS | |
| Uniform Resource Identifier | <a href="https://shs.cairn.info/journal-revue-internationale-de-droit-economique-2010-1-page-37?lang=en&redirect-ssocas=7080">https://shs.cairn.info/journal-revue-internationale-de-droit-economique-2010-1-page-37?lang=en&redirect-ssocas=7080</a> |
Pas d'exemplaire disponible.
Réseaux sociaux