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The Emerging Principles of International Competition Law$
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Chris Noonan

Print publication date: 2008

Print ISBN-13: 9780199207527

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199207527.001.0001

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International Competition Law Defences

International Competition Law Defences

Chapter:
(p.299) 9 International Competition Law Defences
Source:
The Emerging Principles of International Competition Law
Author(s):

Chris Noonan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207527.003.0009

This chapter examines the so-called international competition law defences: the application of sovereign immunity, the act of state doctrine, foreign sovereign compulsion, and petitioning immunity in international competition law cases. Sovereign or state immunity relates to the adjudicative or enforcement jurisdiction of municipal courts. It prevents a foreign state being subject to proceedings relating to the exercise of its governmental power in the courts of another country. In the US, the act of state doctrine treats as valid and effective foreign governmental acts, not contrary to public policy, that affect private rights. In other countries, the doctrine of non-justiciability and the rules of private international law may protect similar types of foreign governmental actions from challenge. The foreign sovereign compulsion defence prevents persons from being sued for actions done in another country that were compelled by the government of that country. Finally, petitioning immunity provides firms with immunity from competition law for actions taken to encourage a government to adopt anticompetitive measures.

Keywords:   sovereign immunity, state doctrine, foreign sovereign compulsion, immunity petition

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