International Cooperation in Competition Cases – Judge Diane WOOD - June 2014 meeting of the Working Party 3 of the OECD Competition Committee
•
1 j'aime•1,776 vues
This presentation by judge Diane P. Wood was made during a hearing on Enhanced Enforcement Cooperation held at the 119th meeting of the Working Party 3 of the Competition Committee on 17 June 2014. Find out more at http://www.oecd.org/daf/competition/enhanced-enforcement-cooperation.htm
Recommandé
Recommandé
Contenu connexe
Plus de OECD Directorate for Financial and Enterprise Affairs
Plus de OECD Directorate for Financial and Enterprise Affairs (20)
Dernier
Dernier (17)
International Cooperation in Competition Cases – Judge Diane WOOD - June 2014 meeting of the Working Party 3 of the OECD Competition Committee
- 1. International Cooperation in Competition Cases The Role of the Courts Diane P. Wood
- 2. The American Example • Federal Supremacy: U.S. Constitution, Art. VI, clause 2 • National Court of Last Resort: Article III, sec. 1 • Full Faith and Credit Obligation of States: Article IV, sec. 1 • Federal Enforcement Authority: Article II, sec. 2
- 3. International System Compared • No binding and enforceable rules • No court of last resort • Different conceptions of content of rules • Role of international law in domestic systems varies • Importance of diplomacy to enforcement
- 4. Informal Cooperation Tools • Charming Betsy presumption: legislative act is never construed to violate international law if any other possible interpretation exists • Territorial presumption: legislation assumed to operate only within territory unless contrary intent is clear • Personal jurisdiction: minimum contacts, fair play & substantial justice must exist
- 5. Parallel Litigation • Forum non conveniens: discretionary; alternative forum must exist – Questionable for competition cases • Lis pendens: court will stay proceedings if similar dispute between same parties is pending in another court – Compare Art. 27 of EU Convention on Jurisdiction and Enforcement in Civil & Commercial Matters
- 6. Parallel Litigation, cont’d • Anti-suit injunctions – Normally run against a party, not the other court – Restricted in U.S. for domestic matters • Anti-Injunction Act governs federal court injunctions against state court proceedings – Comity limits use in international setting – Issue: difficulty of court-to-court communication to resolve conflicting jurisdictional claims
- 7. Formal Cooperation • Letters rogatory – Court of Country A, to Foreign Ministry of A, to Foreign Ministry of B, to Court of B (and back again) • Hague Convention on Service of Process in Civil and Commercial Matters – Mandatory vs. permissive – Significance of agents within territory
- 8. Formal Cooperation, cont’d – Competition law and the limit to “civil and commercial” matters – Relevance of congruence of substantive law • Special rules for service on foreign States, agencies, or instrumentalities • Hague Convention on Taking of Evidence – Pre-trial discovery of documents – Adjusting for difference of procedure
- 9. Enforcement of Foreign Judgments • No general multilateral treaty (though many efforts) • Choice of Court Agreements • Intra-EU money judgments • U.S. courts and foreign money judgments – Governed at state-law level – Reciprocity issue • Specific relief (injunctions, etc.)
- 10. The Bankruptcy Example • ALI Global Principles for Cooperation in International Insolvency Cases • Principle 1.1: goal is to enable courts of different countries to work together • Principle 4.1: describes how court should work to cooperate with foreign counterparts • Can competition law learn from this?