Extraterritoriality: Approaches Around the World and Model Analysis

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