In what cases is the principle of extraterritoriality applied in EU competition policy?

In what cases is the principle of extraterritoriality applied in EU competition policy?

EU competition law applies to any collusive or abusive conduct that has the necessary effects on competition in the EU and trade between member states, regardless of the nationality or geographic location of the enterprises concerned or where the conduct occurred.

What is the effects doctrine in EU competition law?

3. Jurisdiction in EU competition law – the pre-Intel era. As illustrated above, the effects doctrine has first been established in the US in order to establish jurisdiction and reach aliens abroad “whose conduct occurs beyond the borders of the enforcing State, but has an effect within that State”.

Does EU competition law apply outside of the EU?

The merger control rules equally apply to companies based outside the EU, if they do business in the internal market. After an assessment of the likely impact of the merger on competition, the Commission may approve or reject it, or it can grant an approval, subject to certain conditions and obligations (Article 8).

What is an extraterritorial effect?

Extraterritorial Effects by Virtue of the Law of Another State States may decide to apply the law of another State so that the substance of the norm which determines the outcome of a given issue is drawn from the foreign law while the binding force comes from the territorial State’s decision to apply such law.

What is effect doctrine?

The “effects” doctrine is a basis of jurisdiction which was de- veloped in order to reach aliens abroad whose conduct occurs be- yond the borders of the enforcing State, but has an effect within that State.

What is the protective principle in international law?

1 The term ‘protective principle’ (Staatsschutzprinzip) is generally used to denote the principle of international criminal jurisdiction permitting a State to grant extraterritorial effect to legislation criminalizing conduct damaging to national security or other central State interests (Criminal Jurisdiction of …

What is doctrine effect?

What does EU competition law prohibit?

Article 101(1) prohibits, “All agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between member states and which have as their object or effect the prevention, restriction or distortion of competition within the common market.”

What are unilateral effects?

Unilateral effects, also known as non-coordinated effects, arise where, as a result of the merger, competition between the products of the merging firms is eliminated, allowing the merged entity to unilaterally exercise market power, for instance by profitably raising the price of one or both merging parties’ products.

What were the European extraterritoriality goals?

Its aim was to facilitate non-US$ and non-SWIFT transactions in order to avoid breaking US sanctions for trading with an Iranian entity. INSTEX is now available to all EU Member States.

What is the effects doctrine international law?

In recent years many states, most notably the USA, have used the ‘effects doctrine’ to claim jurisdiction over matters that have an effect, however distant in their territory. The use of extraterritorial jurisdiction has the potential to cause international tension.

What is extraterritorial application of EU competition law?

It aims at finding in the Commission’s decisions and the ECJ’s rulings the principles of extraterritorial application of competition law under EU law, in the silence on extraterritoriality of the Treaties provisions of Arts 101, prohibiting anticompetitive agreements, and 102 TFEU, on the abuse of dominant position.

Where does the idea of extraterritoriality come from?

Indeed, extraterritoriality finds its origins in international law, being the first area of law, which historically tried to provide an answer to extraterritorial assertions of jurisdiction by States.

Which is an example of EU competition law?

Firstly, since attending a summer school at London School of Economics (LSE) I discovered the most recent developments of EU competition law, one of which is the application of competition rules to the digital market, the Google case is an example of.

When did Permanent Court of Justice rule on extraterritoriality?

In 1927, the Permanent Court of Justice (hereinafter “PCIJ”) ruled drawing the foundations of extraterritoriality in a case which is still considered title of legitimacy for States claiming extraterritorial jurisdiction.