Public Law Studies Quarterly

Extraterritorial Application of European Competition Law

Authors

Farhad Bagheri 1
Masoud Alizadeh 2

1 Ph.D. Student in International Law, Faculty of Law, University of Shahid Beheshti, Tehran, Iran

2 Assistant Prof., Faculty of Law, University of Payame Noor, Garmsar, Iran

https://doi.org/10.22059/jplsq.2018.223605.1429
Abstract
During globalization era and interconnection of cultural, economic, political and social areas, the connection between people of the world and their countries is becoming vaster and also closer. Such proximity, particularly, in economic areas may cause collision, opposition and conflict of laws of the States. The laws which their application has been knotted to countries interests. Occasionally these interests are beyond the borders of a country. Applying municipal law to the matter which is beyond the border of a country faces many obstacles. Apart from conflict of jurisdictions, the sovereignty of states is one of the obstacles which prevent to enforcement of the law of one country in another country. On the other hand, rules such as competition one which has been knotted to public and economic order of the countries, enjoy such importance which if been violated beyond their borders, they wouldn’t bear this easily. In this paper, through an analytical-descriptive and comparative approach, the European Union's precedent to extraterritorial enforcement of competition law within the limits of sovereignty of States in preventing extra-territorial enforcement of the rules of this law and also how to pass a sentence and its effects, as well as how they implement is being examined.

Keywords

European Union
Sovereignty
Competition law
Extraterritorial Approach
Precedent
Domain of Law

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Public Law Studies Quarterly
Volume 48, Issue 3
Autumn 2018
Pages 677-695

  • Receive Date 27 December 2016
  • Revise Date 15 January 2017
  • Accept Date 30 April 2017

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