The EU/US Cooperation in the Field of Antitrust Law Enforcement – Some Challenges to Future Cooperation

Abstract:     
Today, undertakings frequently operate in an international environment where cross-border arrangements are common. As a result, it is easier for them to circumvent national competition laws by taking advantage of differences between countries. Consequently, this has increased the risk of cross-border anti-competitive conduct. In order to cooperate better and lessen differences in the application of their competition laws, the European Union and the United States have concluded different agreements and understandings between them.

This paper aims to examine how these agreements and understandings have worked in practice and to define the main problems in the application of the EU and US antitrust rules in situations, which might also have an impact on the territory of the other contracting party. In addition, it intends to outline the main challenges for a functioning cooperation, particularly in light of the intention of the European Commission to foster private enforcement of the antitrust rules.

Keywords: Antitrust enforcement, public enforcement, private enforcement, European Union, United States, Competition Cooperation Agreement, positive comity, negative comity.

working papers series