Sovereign determination or disguised protectionism?: the Vitamin C Case

Ma. Joy V. Abrenica
Additional contact information
Ma. Joy V. Abrenica: University of the Philippines

Philippine Review of Economics, 2019, vol. 56, issue 1 and 2, 147-172

Abstract: When a sovereign state vouches for the anti-competitive behaviour of its producers, it is incumbent upon the courts to abstain from adjudicating and allow economic diplomacy to take its course. The recent decision of the US Supreme Court on a cartel case involving Chinese exporters of vitamin C appears to favour pro-active judicial enforcement of antitrust law, however. Comity among nations calls for giving due deference to the legitimate choices of others with respect to regulating competition in their own industries. But a state harmed by the anti-competitive conduct of foreign producers faces the difficult choice between protecting its own interest and avoiding intrusion into the conduct of another sovereign state. This paper explores this conundrum, which has implications on states with a development agenda that subordinates competition to industrial goals.

Keywords: export cartel; international comity; foreign sovereign compulsion; industrial policy (search for similar items in EconPapers)
JEL-codes: F1 L52 (search for similar items in EconPapers)
Date: 2019
References: Add references at CitEc
Citations:

Downloads: (external link)
http://pre.econ.upd.edu.ph/index.php/pre/article/view/983/881 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:phs:prejrn:v:56:y:2019:i:1and2:p:147-172

Access Statistics for this article

More articles in Philippine Review of Economics from University of the Philippines School of Economics and Philippine Economic Society Contact information at EDIRC.
Bibliographic data for series maintained by HR Rabe ().