Competition Law Enforcement: Private International Law and Access to Eff ective Legal Remedies in Cross-Border Cases

Abstract

Competition law is one of the most commonly deployed instruments to regulate the operation of markets and is a standard feature of economic policy in developed and developing countries alike. Could an appropriate level of international cooperation ensure that various legitimate regulatory objectives and interests are adequately pursued and sufficiently safeguarded in cross-border competition law cases? What should be the role of Private interntional law (PIL) and the Hague Conference on PIL (HCCH)? The connection between PIL and competition law needs to be thoroughly considered to facilitate injured parties’ access to legal remedies in cross-border cases. In order to safeguard national and regional regulatory interests – whilst facilitating injured parties ’ access to justice in such cases – it is essential for the international community to attain an adequate level of cooperation with regard to competition law matters. PIL rules may be central to the eff ective enforcement of national/regional competition laws, not least because very many economic activities are transnational in nature, with the relevant infringements causing harm in different jurisdictions.