Competition

Extraterritorial reach of competition remedies

 

 5 December 2017  Paris

globe connectedThe increasing interdependence of markets and economies means that the behaviour of market participants, and its effects, are often not contained within the territory of the country where the behaviour takes place, conduct can cause harm across borders.

In designing remedies to redress domestic competitive harm (whether in cases of mergers, abuse of dominance or anti-competitive agreements), competition authorities may at times consider extending their scope beyond their own territory.  This can be challenging: how can the appropriate geographic scope of remedies be defined, in light of international comity principles, the possibly different competition law and policy objectives of other jurisdictions, and the enforcement activities of other competition authorities? What are the practical challenges in effectively enforcing  remedies beyond a national territory?

Partial solutions and answers have been developed over the years. Some governments and many competition authorities are now signatories to international co-operation agreements in competition enforcement (bilateral, multilateral or regional) to help overcome some of these. 

In December 2017, the OECD held a roundtable discussion to debate the challenges related to the imposition of extraterritorial remedies, in the light of recent cases, and discuss how agencies approach enforcement in cross-border cases.

This page contains all related materials and papers. 

 

Access the full list of Competition Policy Roundtables.

DECEMBER 2017 SESSION INFORMATION 

 

KEY DOCUMENTS

OECD Issues Paper

Summaries of all contributions

 

INVITED EXPERTS

Doug Ginsburg [Bio]
Judge and Professor of Law
George Mason University, United States @georgemasonlaw 

Florian Wagner-von Papp [Bio] ‎
Professor in Law, UCL Laws, United Kingdom @UCLLaws

Jay Jurata [Bio]
Partner, Orrick, Unites States  @Orrick

CONTRIBUTIONS FROM PARTICIPANTS

» Summaries of all contributions

Brazil

European Union

France English • Français 

Germany

Korea

Mexico IFT

Mexico COFECE

New Zealand

Russia

Singapore

South Africa

Chinese Taipei

United Kingdom

United States

BIAC  

PRESENTATIONS

 

BIAC 

DOCUMENTS AND LINKS

Cartels involving intermediate goods (2015)

Challenges of international co-operation in competition law enforcement (2014)

Remedies in cross-border merger cases (2013)

OECD-ICN survey on international competition enforcement co-operation (2013)

Improving International Co-operation in Cartel Investigations (2012)

Remedies in merger cases (2011)

Remedies and sanctions in abuse of dominance cases (2006) 

RELATED TOPICS

International co-operation in competition

OECD inventory of international co-operation agreements between competition agencies (MoUs)

Abuse of dominance

Cartels and anti-competitive agreements

Mergers

 

» Access the full list of Competition Policy Roundtables

» Link to the  OECD Competition Home Page  

 

 

Related Documents