La fonction économique du droit international privé

Horatia Muir Watt

Revue internationale de droit économique, 2010, vol. t. XXIV, 1, issue 1, 103-121

Abstract: We witnessed an increased internationalization of anti competitive practices and restrictive business practices, among which abuses of economic dominance could be mentioned. This phenomenon, a major consequence of the globalization of the economy, makes the interfaces between economic law and private international law complex and of paramount importance. It stems from statutory economic laws and case laws a perfectible objective to address the international anti competitive practices by applying mandatory economic laws in regulating the market behavior of the international undertakings, 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 their respect 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, to conclude a choice of forum agreements and to solve their litigation by arbitration are ?legal tools? that the economic actors can use to hinder the mandatory character of the rules regulating the economic behavior within the market. By using these very tools that private international law makes available to them, undertakings are able to elaborate litigation strategies that allow them to circumvent the mandatory character of these rules to their own selfish economic interests.

Keywords: private international law; abuse of economic dominance; economic law; mandatory rules (“lois de police”); compromissory clause; choice of forum clause; competition law (search for similar items in EconPapers)
Date: 2010
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