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Challenging Acts of International Organizations Before National Courts$
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August Reinisch

Print publication date: 2010

Print ISBN-13: 9780199595297

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199595297.001.0001

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Domestic Legal Remedies Against OPEC

Domestic Legal Remedies Against OPEC

Chapter:
(p.239) 10 Domestic Legal Remedies Against OPEC
Source:
Challenging Acts of International Organizations Before National Courts
Author(s):

Cedric Ryngaert

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199595297.003.0010

This chapter addresses the difficulties encountered when trying to apply national anti-trust/competition law to the activities of international organizations. It demonstrates the fundamentally different approaches of US law focusing on jurisdictional immunity on the one hand, and EC law on the other that relies on a limitation of the intended scope of application of substantive law. On the procedural level, the challenge of acts of this organization is sometimes impeded by the fact that proper service of process is not accomplished. In the Prewitt case, the assessment of proper service was ruled to depend on the assessment of the OPEC Secretary General, amounting in effect to an absolute immunity protection of OPEC. Legislative measures, such as the US NOPEC legislation (No Oil Producing and Exporting Cartels Act) accordingly attempt to abolish obstacles to the exercise of jurisdiction over OPEC.

Keywords:   OPEC, oil prices, competition law, US case law, immunity, NOPEC, Prewitt case

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