Reference : L'application du droit européen de la concurrence aux entreprises des Etats tiers
Dissertations and theses : Doctoral thesis
Law, criminology & political science : Multidisciplinary, general & others
L'application du droit européen de la concurrence aux entreprises des Etats tiers
Islentyeva, Ekaterina [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit]
University of Luxembourg, ​Luxembourg, ​​Luxembourg
Docteur en Droit
Gerkrath, Jörg mailto
[en] competition ; law ; EU ; China ; Russia ; game theory ; agreement
[en] The aim of my thesis named “The Application of the European Competition Law to the third countries’ enterprises” was to study the specificity of the application of the EU competition law to the non-EU enterprises. In the thesis all the conditions of the application of the EU law to the non-EU enterprise are examined in order to explain how exactly it is happening and what are the consequences, as well as the difficulties in the case of such application (the principle non bis in idem has been examined as well as the possibility of a conflict between the competition law and the intellectual property law and the international private law).
However, not only the direct application of the EU competition law is possible. The EU Commission cooperates very actively with the third countries’ antitrust authorities by providing the assistance to the countries developing their Competition policies. Such cooperation between EU and China and between EU and Russia has been analyzed as well as national competition laws of these countries.
The final result of the work is the proposal of an International agreement on competition law within the WTO, which contains a new mechanism of cooperation between the states and a formula for calculating and imposing the fines on the enterprises that violate the competition law.

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