Chapter

Domestic Legal Remedies Against OPEC

Cedric Ryngaert

in Challenging Acts of International Organizations Before National Courts

Published in print September 2010 | ISBN: 9780199595297
Published online January 2011 | e-ISBN: 9780191595752 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595297.003.0010
Domestic Legal Remedies Against OPEC

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This chapter addresses the difficulties encountered when trying to apply national anti-trust/competition law to the activities of international organizations. It demonstrates the fundamentally different approaches of US law focusing on jurisdictional immunity on the one hand, and EC law on the other that relies on a limitation of the intended scope of application of substantive law. On the procedural level, the challenge of acts of this organization is sometimes impeded by the fact that proper service of process is not accomplished. In the Prewitt case, the assessment of proper service was ruled to depend on the assessment of the OPEC Secretary General, amounting in effect to an absolute immunity protection of OPEC. Legislative measures, such as the US NOPEC legislation (No Oil Producing and Exporting Cartels Act) accordingly attempt to abolish obstacles to the exercise of jurisdiction over OPEC.

Keywords: OPEC; oil prices; competition law; US case law; immunity; NOPEC; Prewitt case

Chapter.  10267 words. 

Subjects: Constitutional and Administrative Law

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