Mathew Heim is Head of International Competition Policy at Amazon, based in Seattle. Prior to that he was Visiting Fellow at Bruegel focusing on competition and industrial policy. Previously, Mathew was Vice President at Qualcomm, where for almost a decade he advised the company on competition policy, intellectual property rights, industrial policy and regulation. Prior to his in-house experience, Mathew spent over a decade advising on European political, regulatory and legal matters, notably unilateral or joint conduct cases, merger cases and litigation in varied sectors such as telecommunications, online advertising, software, audio-visual content, chemicals, ship-building, raw materials and bananas. Mathew is Vice Chair of the BIAC’s Competition Committee to the OECD, Non-Governmental Advisor to the International Competition Network and Co-Chair of the Digital Competition Working Group of the ICC’s Competition Committee. He is Co-Chair of the Editorial Board of the IBA’s Competition Law International. He was awarded degrees from both the universities of Bristol and Exeter before being called to the Bar of England and Wales. He speaks English, French, German and Spanish.
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The doctrine of “exterritoriality” in competition law is generally understood to define the scope of government authorities or courts to apply their competition laws on legal persons based in another jurisdiction. Such extraterritorial jurisdiction is generally only invoked where it can be shown that there are “direct, substantial, and foreseeable” anticompetitive effects, in what is known as the “qualified effects test.” This doctrine, which finds its roots in the U.S. 1945 Alcoa case, is now largely replicated across most competition jurisdictions in one form or another.
This series of articles presents different points of view about the priorities of the newly established Commission on competition policy in Europe in the aftermath of the decision prohibiting the Siemens/Alstom merger and of the manifesto published by French and German governments. These (...)