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Extraterritoriality: The effect of remedies on the international antitrust system

Introduction 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, [1] is now largely replicated across most competition jurisdictions in one form or another. This doctrine has been recently upheld by a number of jurisdictions’ supreme courts. For example, on 6 September 2017, the Court of Justice of the European Union re-stated that the qualified effects test

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  • Amazon (Seattle)

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Mathew Heim, Extraterritoriality: The effect of remedies on the international antitrust system, 31 May 2018, e-Competitions Extraterritoriality, Art. N° 87101

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