Pieter J. F. Huizing ‘Comparing territorial limits to EU and US public enforcement of the LCD cartel’ (2018) Journal of Antitrust Enforcement 6 231

This article, available here, describes the US and EU positions on the territorial scope of public cartel enforcement – i.e. how far outside their territories can competition authorities reach to punish cartel conduct committed abroad by foreign undertakings – by reference to the LCD cartel. Cartelised LCD panels were manufactured by a number of Asian producers with varying levels of direct and indirect imports into the EU and the USA. Both the European Commission (Commission) and the U.S. Department of Justice (DOJ) had to determine the territorial limits to their enforcement in respect of this international cartel, and to then defend their approach in court. In both jurisdictions, it is accepted that competition authorities benefit from long territorial reach and wide discretion in determining the amount of fines. It is submitted that the legal precedents created by decisions regarding this cartel are a cause for concern in view of the increasingly crowded global cartel enforcement arena. This argument is developed…

Luca Prete ‘On Implementation and Effects: The Recent Case-law on the Territorial (or Extraterritorial?) Application of EU Competition Rules’ (2018) Journal of European Competition Law & Practice 9(8) 487

In an era of globalisation and digitalisation, complex issues may arise as regards the laws applicable to situations that either involve cross-border elements or occur in cyberspace. The disconnect between the borderless nature of modern trade and the essentially domestic character of economic laws may give rise to complex issues of jurisdiction. Rules and principles of private international law often determine which national laws are applicable in any given situation. However, no equivalent system of binding rules exists as far as the public enforcement of antitrust rules is concerned. As a result, the same business conduct may potentially fall within the jurisdiction of a number of States, each having its own rules. Clearly, problems may not only arise when those rules are dissimilar (or interpreted and applied differently), but also when various jurisdictions with identical rules are applied cumulatively to the same conduct. This piece, available here, reviews European jurisprudence concerning the reach and scope of the EU’s competition laws….

Omar Shah, Christina Renner and Leonidas Theodosiou ‘Intel, iiyama, Power Cables: A Revolution in the Treatment of Territoriality and Jurisdiction in EU Competition Law?’ (2019) Journal of European Competition Law & Practice

Important recent decisions by the EU and national courts – in Intel, iiyama and Power Cables – have set the stage for a potential increase in public enforcement and private litigation of business conduct which has effects on competition in the EU internal market despite not being implemented there. This paper, available here, addresses the potential changes to EU and national law wrought by these decisions, and considers the extent to which limiting principles may emerge to address potential conflicts of law, multiplicity of proceedings and double jeopardy. It is structured as follows: Section 2 describes the evolution of EU law on the jurisdictional reach of its competition provisions. The EU Courts have had to delimit the jurisdictional scope of EU law, typically in the context of judicial review of decisions of the European Commission (‘Commission’) in which the Commission had exercised enforcement jurisdiction over conduct whose territorial links to the EU were susceptible to challenge. Early on, the Court…