Extraterritoriality in EU Competition Law

Abstract

This piece critically analyses extraterritorial application of competition law by the European Union. The EU is a key global player in competition law and policy. Its competition law is actively and assertively applied to foreign activities of foreign entities affecting EU market. In the recent decision in Intel the EU for the first time recognised extraterritoriality two steps removed (‘extraterritoriality v2’), significantly broadening the reach of EU competition laws and setting an international precedent. Getting to this point was a gradual process. It reflected evolving circumstances, changing intra-EU dynamics and setbacks in striving for multilateral governance of international business practices. The EU embraced extraterritoriality out of necessity, not convenience. The rise of the doctrine marks the emergence of a multi-polar governance of transnational anticompetitive conduct, and of the European Union as a key global player in competition law and policy.

Keywords: EU Competition Law; Extraterritoriality, Extraterritorial Jurisdiction, Woodpulp, Gencor, Intel

JEL Classification: K21, K41, L40, P16, Q48, L44, L52, K42