 Putting Limits on Extra-Territorial Coverage of Competition Laws in the Age of Global Supply Chains: Comparison of the US and JapanToshiaki Takigawa ()
Chapter Chapter 11 in Emerging Issues in Sustainable Development, 2016, pp 245-255 from Springer Abstract: Abstract This comment, through comparing two representative extra-territorial antitrust cases in the US and Japan, shows that, in the age of global supply-chains, competition agencies’ enforcement on conduct overseas (based on the effect doctrine) needs to receive proper limitation. Each competition agency needs to limit its law enforcement to cases conducted overseas, which have direct (and substantial effect) on consumers of the agency’s home country. Regarding this “direct” effect, price-fixing of components conducted in foreign countries would normally be interpreted as lacking in direct effect on home countries to which finished products are exported. Moreover, competition agencies of MNEs’ home countries would normally be advised to refrain from extending protection under the competition law to the MNEs’ foreign subsidiaries since the subsidiaries are entitled to seek protection under the competition laws of respective foreign countries where they are incorporated. Keywords: Extra-territorial application; MNEs; FTAIA; Global supply-chains; Direct effect (search for similar items in EconPapers) There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it. Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:spr:eclchp:978-4-431-56426-3_11 Ordering information: This item can be ordered from DOI: 10.1007/978-4-431-56426-3_11 Access Statistics for this chapter More chapters in Economics, Law, and Institutions in Asia Pacific from Springer |
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