Nonlegal Sanctioning in Private Legal Systems
Nonlegal Sanctioning in Private Legal Systems
Download Url(s)
https://doi.org/10.5771/9783748926245Auteur
van Doormaal, Jos
Version
PublishedLanguage
EnglishRésumé
Some modern-day trade associations in commodities industries have complex systems of private commercial enforcement. These associations impose nonlegal sanctions on disloyal industry actors for not complying with awards stemming from specialized commercial arbitration after a business conflict. These extrajudicial measures undermine states’ rights to enact formal legal rules, and could violate US Antitrust Law and EU Competition Law. Yet, they could be viewed as a viable alternative to lengthy and expensive court litigation. This book provides best practice guidelines to highlight under what conditions nonlegal sanctions imposed by a trade association and executed by its members do not violate US Antitrust Law and EU Competition Law. Some modern-day trade associations in commodities industries have complex systems of private commercial enforcement. These associations impose nonlegal sanctions on disloyal industry actors for not complying with awards stemming from specialized commercial arbitration after a business conflict. These extrajudicial measures undermine states’ rights to enact formal legal rules, and could violate US Antitrust Law and EU Competition Law. Yet, they could be viewed as a viable alternative to lengthy and expensive court litigation. This book provides best practice guidelines to highlight under what conditions nonlegal sanctions imposed by a trade association and executed by its members do not violate US Antitrust Law and EU Competition Law.
Webshop link
https://www.nomos-shop.de/nomo ...ISBN
978-3-7489-2624-5Publication date and place
Baden-Baden, 2021-04-28Series
Wirtschaftsrecht und Wirtschaftspolitik, Bd. 306Classification
1QFE