Legislation Blocking Antitrust Investigations and the September 2012 Russian Executive Order

Abstract

This article offers a typology of so-called blocking legislation and analyses its development, functions and legality under international law. It also presents and discusses the new Russian blocking Order, issued in September 2012, focusing on its possible effects on the European Commission’s investigation of Gazprom’s business practices (in light of EU competition law) as well as, more broadly, on foreign operations of Russian strategic enterprises.

Keywords: blocking legislation; blocking statutes; competition law; antitrust; extraterritoriality; extraterritorial jurisdiction; Gazprom; abuse of dominant position; European Commission; geopolitics

JEL Classification: K21, K41, L40, P16, Q48, L44, L52