Jump to ContentJump to Main Navigation
Cooperation, Comity, and Competition Policy$
Users without a subscription are not able to see the full content.

Andrew T. Guzman

Print publication date: 2010

Print ISBN-13: 9780195387704

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780195387704.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 December 2019

The Curious Incident of Positive Comity—The Dog that Didn’t Bark (And the Trade Dogs that just Might Bite)

The Curious Incident of Positive Comity—The Dog that Didn’t Bark (And the Trade Dogs that just Might Bite)

Chapter:
(p.301) 15 The Curious Incident of Positive Comity—The Dog that Didn’t Bark (And the Trade Dogs that just Might Bite)
Source:
Cooperation, Comity, and Competition Policy
Author(s):

Philip Marsden

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195387704.003.0015

Competition officials often expound on the value of international enforcement cooperation. One of the tools designed to help them cooperate in enforcement is positive comity. Positive comity allows a very unique form of cooperation and operates when agencies have no direct common interest. It allows one agency to ask another to act to address a practice in the latter's jurisdiction that is not harming consumers in either agencies' market, and that does not violate the requesting agency's antitrust law. Instead, the practice in question is impeding a company in the requesting agency's market from entering the requested agency's market. This instrument is unique, and since it was such a huge step-up from the previous, more usual forms of coordination, it took an incredible effort among authorities to agree to it. Since it has been introduced, however, demand for its use has not exactly risen to meet supply. This chapter examines this conundrum.

Keywords:   comity, competition policy, international cooperation, coordination

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .