Extraterritoriality in Competition Law: Changing Frictions

Extraterritoriality in Competition Law: Changing Frictions

 

Marek Martyniszyn

Queen's University Belfast - School of Law

Abstract

This chapter critically analyses how the doctrine of extraterritoriality was spearheaded within the sphere of competition law. It explores the unilateral approach taken to grounding jurisdictional assertions on the in-forum economic effects of foreign conduct (the effects doctrine), a controversial, but seminal contribution of competition law. While the concept of extraterritoriality generated frictions, leading to a variety of adverse responses, it gradually evolved into a universally accepted distinct jurisdictional approach, informing similar developments in other areas along the way. This chapter examines this process, mapping out the broader phenomena which directly shaped it: shifting power dynamics of international politics, important changes in the organization of domestic economies, evolving global economic governance and the international spread of competition legislation.