Internationell konkurrensrätt : Om främmande konkurrensrätts tillämplighet i svensk domstol
Sammanfattning: In litigation involving parties from different countries, private international law questions regarding jurisdiction, applicable. law, and enforcement of foreign judgements must be addressed. This study concerns the issues arising in the determination of applicable law in international litigation involving the private enforcement of competition law.The private international law problems that arise are mainly two. First, competition law can be characterized as public law, and the application of foreign competition law could then be deemed to violate the maxim that foreign public law is not to be applied by the Swedish courts. Second, it is highly doubtful that ?traditional? bilateral choice of law rules are adequate to cope with internationally mandatory rules such as competition law rules. In addition to this the question is asked whether EC law constitutes an obstacle to the apllication of foreign competitionlaw.A comparative survey of German, Swiss, U.S. and Swedish law is carried out in order to see what possible solutions to the problem that can be found in the different legal orders. Finally the suitability of several methods of private international law, both bilateral and unilateral, is evaluated in respect to the application of competition law. The answer might not be the same depending on whether the choice of law is in contract or in tort.
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