Extraterritoriality: Approaches Around the World and Model Analysis

Concurrences Book Honoring Eleanor Fox, Forthcoming

21 Pages Posted: 8 Feb 2020

See all articles by Koren Wong-Ervin

Koren Wong-Ervin

Director of Antitrust Policy & Litigation at Qualcomm Incorporated and Senior Expert at China's University of International Business & Economics (formerly at the U.S. Federal Trade Commission)

Andrew J. Heimert

Office of International Affairs, Federal Trade Commission (FTC)

Date Written: January 13, 2020

Abstract

This Article begins by discussing the approaches taken in major jurisdictions to extraterritorial application of domestic antitrust laws and the imposition of extra-jurisdictional remedies. It then provides model analysis in the context of common situations that have arisen or may arise. Appendix I summarizes the approaches taken in Brazil, Canada, China, the European Union, India, Japan, Korea, the United States, and Taiwan.

Note: This article is a draft and work in progress, and the views expressed are the authors' alone and do not necessarily represent the views of the FTC, any of its Commissioners, or any other person or entity.

Keywords: Extraterritoriality, foreign competition law, extra-jurisdictional remedies, FTAIA, comity

JEL Classification: k21, k23

Suggested Citation

Wong-Ervin, Koren and Heimert, Andrew J., Extraterritoriality: Approaches Around the World and Model Analysis (January 13, 2020). Concurrences Book Honoring Eleanor Fox, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3518661

Koren Wong-Ervin (Contact Author)

Director of Antitrust Policy & Litigation at Qualcomm Incorporated and Senior Expert at China's University of International Business & Economics (formerly at the U.S. Federal Trade Commission) ( email )

1730 Pennsylvania Ave N.W.
Suite 850
Washington DC, DC 20006-1850
United States

Andrew J. Heimert

Office of International Affairs, Federal Trade Commission (FTC) ( email )

600 Pennsylvania Avenue, NW
Washington, DC 20580
United States
202-326-2474 (Phone)

HOME PAGE: http://www.ftc.gov

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