Globalisation, International Enforcement and Extraterritoriality

Abstract

International competition law is not a discrete subject but a site where a number of bodies of law come together, sometimes abruptly. The differences, which sometimes lead to conflict, between countries and regions cannot be understood without fully appreciating that competition laws are not merely a set of substantive rules, but also have procedural, instituional and jurisdictional dimensions. While countries not infrequently reach different conclusions when their competition laws are applied to the same business conduct, as happen in the often cited GE/Honeywell merger, the enforcement of competition law in one country might also conflict with a variety of other laws and industry specific regulations in other countries. The study of international competition law therefore needs to embrace not just a holistic view of the scope of competition law, but also the exceptions and exemptions from general competition law rules, enforcement policies and practices and other government measures and laws that impact on the same variables as competition.

Keywords: Antitrust, competition law, extraterritoriality, international trade, World Trade Organization