This chapter examines the doctrine of state sovereignty and its significance for the internationalisation of antitrust policy. There is an abundance of literature discussing the doctrine in general and its considerations. However, there is very little said about sovereignty and antitrust policy,1 and even less on the relationship between sovereignty and the internationalisation of antitrust policy.
It would be desirable to explain at the outset the author’s decision to examine the doctrine in the present book and his decision to do so in this chapter in particular. The decision to devote an entire chapter of the book to sovereignty comes in light of the fact that the doctrine - although perhaps not the entire building - is one of the pillars on which the internationalisation of antitrust policy stands. As will become very clear during the course of the chapter, an important question in the process of internationalisation- leading to the creation of an international system of antitrust - is to what extent does the process involve or require relinquishing of sovereignty by countries; and to the extent that such relinquishing is involved or required, to what extent are countries willing to do so. Given the importance of this question and the fact that the doctrine has not, in the context of internationalisation of antitrust policy, been adequately considered in the literature, it becomes imperative to examine the doctrine. Doing so in the present chapter in particular should enhance and keep the
1 See N. Averitt and R. Lande, ‘Consumer Sovereignty: a United Theory of Antitrust and Consumer Protection Law’ (1997) 65 Antitrust Law Journal 713; S. Farmer, ‘Altering the Balance between Sovereignty and Competition: the Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine’ (1997) 23 Ohio Northern University Law Review 1403; S. Farmer, ‘Balancing State Sovereignty and Competition: an Analysis of the Impact of Seminole Tribe [Seminole Tribe v. Florida, 116 S. Ct. 114 (1996)] on the Antitrust State Action Immunity Doctrine’ (1997) 42 Villanova Law Review 111; J. Griffin, ‘When Sovereignties May Collide in the Antitrust Area?’ (1994) 20 Canada-United States Law Journal 91; S. Snell, ‘Controlling Restrictive Business Practices in Global Markets: Reflections on the Concepts of Sovereignty, Fairness and Comity’ (1997) 33 Stanford Journal of International Law 215.