ABSTRACT

Although international law jurists have generally and historically taken the view that a state has jurisdiction over all persons and property within its territory, what is known as the effects doctrine which is at the foundation of the extraterritorial application of national competition laws by national law courts and competition authorities has become accepted not only by the US, but also by the European Union and Japan. The inclusion of the effects doctrine in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership which includes emerging market states such as Chile, Malaysia, Mexico, and Vietnam, suggests that the concept of the effects doctrine is also becoming accepted by the wider international community. Despite this trend, the extraterritorial application of competition laws is not without conflict. Differences over interpretation and enforcement have arisen as a result of different concepts of competition and the existence of concerns over the protection of national interests which will be shown through various cases presented in this chapter.