In a global economy, anticompetitive agreements and transactions often have transnational repercussions. In the absence of a global enforcer of antitrust or competition law, States have, since the Second World War, increasingly resorted to self-help. In other words, they have exercised unilateral jurisdiction over restrictive business practices they considered harmful to their economy, even when those practices originated abroad. Not surprisingly, this has often led to serious sovereignty concerns.
This book analyzes whether, and to what extent, the exercise of extraterritorial jurisdiction in cartel and merger matters is in fact lawful under international law. It does so from a transatlantic perspective, with an emphasis on practice in the United States and the European Community. The book mainly focuses on the use of the controversial effects and implementation doctrines of jurisdiction. Without turning a blind eye to the necessity of those doctrines in a decentralized global economy, it proposes a number of restraining principles in order to soothe other States’ sovereignty concerns.
Cedric Ryngaert is lecturer in international law at the University of Leuven and the University of Utrecht.
1. PRE-WORLD WAR II INTERNATIONAL ANTITRUST PRACTICE (p. 1)
2. THE ALCOA CASE: THE BREAKTHROUGH OF THE EFFECTS DOCTRINE IN THE UNITED STATES (p. 9)
3. JUSTIFYING EFFECTS-BASED ANTITRUST JURISDICTION (p. 15)
4. THE REACH OF EC COMPETITION LAW (CARTELS) (p. 25)
5. THE REACH OF EU MEMBER STATES’ COMPETITION LAWS (p. 45)
6. DIRECT, SUBSTANTIAL, AND REASONABLY FORESEEABLE EFFECTS (p. 57)
7. THE JURISDICTIONAL RULE OF REASON IN ANTITRUST CASES (p. 75)
8. THE ANTITRUST COMITY AGREEMENTS BETWEEN THE US AND THE EC (p. 105)
9. PERSONAL JURISDICTION OVER DEFENDANTS IN INTERNATIONAL ANTITRUST CASES (p. 111)
10. JURISDICTION OVER FOREIGN ANTITRUST HARM (p. 115)
11. USING ANTITRUST LAW TO SECURE FOREIGN MARKET ACCESS (p. 143)
12. INTERNATIONAL MERGER JURISDICTION (p. 147)
13. PROCEDURAL PECULIARITIES OF US ANTITRUST LITIGATION UPSETTING FOREIGN NATIONS (p. 171)
14. CONCLUDING REMARKS (p. 195)
The series International Law contains high-quality monographs and edited volumes dedicated to current issues of public international law and the law of international organisations. It aims at a broader dissemination of doctoral research and collective research efforts.
General Editor of the series is Professor Jan Wouters, Jean Monnet Chair and Professor of International Law and International Organisations, and Director of the Institute for International Law and Leuven Centre for Global Governance Studies at the University of Leuven.