ABSTRACT
The previous chapter demonstrated that although extraterritoriality is a useful enforcement device it has serious limitations. It works best where there is a reasonable degree of substantive and remedial harmony between laws and where states do not have incentives to pursue protectionist policies. Currently this can only be said unequivocally about private international cartels. Even then, there are factors that inhibit the effectiveness of extraterritorialism, such as the collection and sharing of information, the coordination of enforcement activities and the enforcement of judgments. These factors may be difficult to overcome because they often represent differences in legal systems.
