The Eu-us 1998 Positive Comity Agreement In The Field Of Competition Law

Following the conclusion of a first agreement between the United States and the European Union, in 1991, regarding the application of their respective competition laws, the follow-on cooperation resulted in another agreement, in 1998, concerning the procedure of “positive comity” between competition authorities.

The following questions have been addressed in this article:

What are the main purposes of the 1998 Agreement?
Which cases can be referred by one authority to another?
On what conditions can the referral be made?
Does a referral mean that a given antitrust case will be examined only by one competition authority – that of the Requested Party?

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