000			02328cam a2200241 4500500
005			20250121125648.0
041			_afre
042			_adc
100	1	0	_aBehar-Touchais, Martine _eauthor
245	0	0	_aAbuse of Economic Dominance and Private International Law
260			_c2010.
500			_a3
520			_aWe 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			_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. 37-59 | 1010-8831
856	4	1	_uhttps://shs.cairn.info/journal-revue-internationale-de-droit-economique-2010-1-page-37?lang=en&redirect-ssocas=7080
999			_c565942 _d565942