By Andreas Mitschke
Two fields of financial examine in pageant coverage have won in value in occasions of financial globalization. to start with, globalization has resurrected the controversy even if there's a desire for overseas pageant ideas opposed to deepest anticompetitive practices and the way those principles can be applied within the most sensible means. Secondly, the concept that of the foreign competitiveness of countries has develop into an important factor for all open economies. The dialogue of either topics directs the eye to a particular interface of those concerns. The implementation of foreign pageant ideas may restrict or maybe put off nationwide pageant coverage. the problem in query is to what quantity nationwide festival coverage needs to be considered as an element of foreign competitiveness in order that nationwide antitrust coverage can be given precedence over foreign antitrust principles.
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Additional info for The Influence of National Competition Policy on the International Competitiveness of Nations: A Contribution to the Debate on International Competition Rules
Sample text
Ibid. p. 430. OECD (2005a). UNCTAD (1980). The Status Quo of International Competition Policy 41 represent all nations that should take part in international antitrust cooperation. 120 In contrast to this, the WTO and the ICN are potential candidates to become themselves the central institution for future multilateral cooperation, either on the basis of binding supranational provision and elements of centralization (WTO) or by means of non-binding provisions within a decentralized approach to international antitrust (ICN).
Worm (2004) p. 159; cf. Melamed (1999) p. 427. Cf. Melamed (1999) p. 427. Meiklejohn (1999) p. 1242. 34 About the Necessity of International Competition Rules case of parallel proceedings so that a common solution becomes more likely. Theoretically, negative comity does not forbid the application of the effects doctrine, but actually negative comity often caused a non-application of the effects-doctrine for reasons of politeness and good relations between the nations. Consequently, negative comity did not always promote the protection of international competition; to the contrary, negative comity often has led to a lack of antitrust enforcement in order to avoid international tensions or conflicts.
In order to protect international competition effectively by means of the principle of territoriality, all countries would have to implement a modern and effective competition policy and they would have to apply the principle of subjective territoriality consequently. In this case, all private competition restraints would be disciplined within their country of origin, independently from their effect on the territory of this country. This would be an important step to protect international competition so that every country could do without the prosecution of anti-competitive effects from abroad.