Nonlegal Sanctioning in Private Legal Systems Nonlegal Sanctioning in Private Legal Systems
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. Thes...
Saved in:
| Main Author: | |
|---|---|
| Format: | Electronic Book Chapter |
| Language: | English |
| Published: |
Baden-Baden
2021
|
| Series: | Wirtschaftsrecht und Wirtschaftspolitik
Bd. 306 |
| Subjects: | |
| Online Access: | DOAB: download the publication DOAB: description of the publication |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | 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. |
|---|---|
| Physical Description: | 1 electronic resource (518 p.) |
| ISBN: | /doi.org/10.5771/9783748926245 978-3-7489-2624-5 |
| DOI: | 10.5771/9783748926245 |
| Access: | Open Access |