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By Andreas Mitschke

Two fields of financial learn in pageant coverage have won in significance in instances of monetary globalization. first of all, globalization has resurrected the talk even if there's a desire for foreign pageant principles opposed to inner most anticompetitive practices and the way those principles may be carried out within the top means. Secondly, the concept that of the overseas competitiveness of countries has develop into an important factor for all open economies. The dialogue of either subject matters directs the eye to a selected interface of those matters. The implementation of overseas pageant principles could restrict or maybe put off nationwide pageant coverage. the problem in query is to what quantity nationwide pageant coverage should be considered as an element of foreign competitiveness in order that nationwide antitrust coverage may be given precedence over overseas antitrust principles.

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Additional resources for The Influence of National Competition Policy on the International Competitiveness of Nations: A Contribution to the Debate on International Competition Rules

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Melamed (1999) p. 424. An overview of the existing forms of cooperation can be found in Lloyd and Vautier (1999) pp. 33ff. An overview of the majority of existing cooperation agreements in international antitrust is given in the Inventory of the Competition Policy Agreements, Treaties and other Arrangements Existing in the Western Hemisphere, submitted by the OAS Trade Unit to the FTAA Negotiating Group on Competition Policies, March 22, 2002. Guzman (2004) pp. 369f. Cf. Chap. 2. Cf. Chap. 1. A more detailed description of the existing bilateral, regional, plurilateral, and multilateral agreements can be found in Kennedy (2001) pp.

Kojima (2001) p. 2; cf. Norton (1979) pp. 576f. Hobe and Kimminich (2004) pp. 96f. Cf. Fuchs (2000) p. 356; cf. Immenga (2004) p. 6. The Status Quo of International Competition Policy 21 tices which – either in whole or in part – have their origin within the domestic territory. According to the principle of objective territoriality (‘Inlandsprinzip’), the laws primarily cover restrictive business activities with (intended) substantial effect within the domestic territory, though these anticompetitive practices also could have negative effects outside of the domestic territory.

75 According to Zanettin, ‘forms of cooperation in which a competition authority is asked, at the request of a foreign agency, to take actions it might not have otherwise taken’76, have to be assigned to the category of hard cooperation. The principle of positive comity is considered to be one of these concepts of hard cooperation. The exchange of confidential information is even considered to be a more ambitious form of hard cooperation since ‘it usually requires changing existing domestic legislation’77.

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