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Conflict of law s problems of antitrust
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The present study aims at presenting the main streams of legal thought and case law in the area of conflict of laws of antitrust. It focuses on american law, and, when needed, affords necessary comparisons to the ECC treatment of the same issues. Antitrust is an area of law, which is constituted of elements of both public and private law. It is more than obvious than nowadays, primary actors of the markets develop their economic activities on an international level. And they compete. For the moment, there isn’t available any regulatory framework dealing with their anticompetitive behaviors on an international/non-integrated level. Some voices claim that there should be one. Some others just the opposite. Whatever the case will prove to be in the future, now we can only present and evaluate the solutions offered to solve the conflict of laws’ problems in this area. How public policies interact? What are the premises of extraterritoriality in antitrust? Is Europe treating the same problems much differently than the U.S.? Apart form a deconstructive criticism of existing solutions, could an alternative be offered?
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