Competition Law and the Possibility of Private Transnational Governance

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dc.contributor.authorPhan, Thanh Cong
dc.contributor.supervisorRamraj, Victor V.
dc.contributor.supervisorGillen, Mark R.
dc.date.accessioned2018-09-05T19:37:13Z
dc.date.copyright2018en_US
dc.date.issued2018-03-07
dc.degree.departmentFaculty of Law
dc.degree.levelDoctor of Philosophy Ph.D.en_US
dc.description.abstractUnder economic globalization, anti-competitive acts transcend national borders and become a challenge for competition law as traditionally conceived. Most countries have been dealing with cross-border competition problems by using two basic methods: unilaterally extending national competition law’s jurisdiction to acts conducted in foreign territory and cooperating in enforcing competition law. However, while the unilateral enforcement of competition law harms international comity, international cooperation in this area is constrained by conflicting national interests. Given such limits of statist mechanisms to deal with global competition problems, this dissertation adopts a transnational legal perspective to examine whether multi-national corporations (“MNCs”) can help states govern cross-border competition problems. This dissertation argues that MNCs can play a role in the regulation and enforcement of competition law in cross-border transactions through the private transnational application of contractor codes of conduct. When an MNC internalizes competition laws of countries as standards for its behaviours, the corporation can provide a mechanism to project those national laws at transnational level by exercising its private power in a socially responsible way. In doing so MNCs can provide a form of regulation and enforcement of competition laws in an international context that national states are not likely to be able to provide in the foreseeable future.en_US
dc.description.embargo2019-08-23
dc.description.scholarlevelGraduateen_US
dc.identifier.citationThe Bluebook: A Uniform System of Citationen_US
dc.identifier.urihttp://hdl.handle.net/1828/10033
dc.languageEnglisheng
dc.language.isoenen_US
dc.publisherHouston Journal of International Lawen_US
dc.rightsAvailable to the World Wide Weben_US
dc.subjectcompetition lawen_US
dc.subjecttransnational governanceen_US
dc.subjectcorporate social responsibilityen_US
dc.subjectcorporate codes of conducten_US
dc.subjectexport cartelsen_US
dc.subjectextraterritorial application of lawen_US
dc.subjectinternational cooperationen_US
dc.titleCompetition Law and the Possibility of Private Transnational Governanceen_US
dc.typeThesisen_US

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