000 02306cam a2200241 4500500
005 20250121125630.0
041 _afre
042 _adc
100 1 0 _aMuir Watt, Horatia
_eauthor
245 0 0 _aThe Economic Function of Private International Law
260 _c2010.
500 _a6
520 _aWe 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.
690 _amandatory rules (“lois de police”)
690 _aprivate international law
690 _acompetition law
690 _acompromissory clause
690 _aabuse of economic dominance
690 _achoice of forumclause
690 _aeconomiclaw
786 0 _nRevue internationale de droit économique | XXIV1 | 1 | 2010-04-16 | p. 103-121 | 1010-8831
856 4 1 _uhttps://shs.cairn.info/journal-revue-internationale-de-droit-economique-2010-1-page-103?lang=en&redirect-ssocas=7080
999 _c565811
_d565811