Extraterritoriality in competition law: changing frictions

Marek Martyniszyn

Chapter 23 in Research Handbook on Extraterritoriality in International Law, 2023, pp 389-411 from Edward Elgar Publishing

Abstract: This chapter critically analyses how the doctrine of extraterritoriality was spearheaded within the sphere of competition law. It explores the unilateral approach taken to grounding jurisdictional assertions on the in-forum economic effects of foreign conduct (the effects doctrine), a controversial, but seminal contribution of competition law. While the concept of extraterritoriality generated frictions, leading to a variety of adverse responses, it gradually evolved into a universally accepted distinct jurisdictional approach, informing similar developments in other areas along the way. This chapter examines this process, mapping out the broader phenomena which directly shaped it: shifting power dynamics of international politics, important changes in the organization of domestic economies, evolving global economic governance and the international spread of competition legislation.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
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