Extraterritorial reach of competition remedies

5 December 2017 Paris

globe connected The increasing interdependence of markets and economies means that the behaviour of market participants, and its effects, are often not contained within the territory of the country where the behaviour takes place, conduct can cause harm across borders.

In designing remedies to redress domestic competitive harm (whether in cases of mergers, abuse of dominance or anti-competitive agreements), competition authorities may at times consider extending their scope beyond their own territory. This can be challenging: how can the appropriate geographic scope of remedies be defined, in light of international comity principles, the possibly different competition law and policy objectives of other jurisdictions, and the enforcement activities of other competition authorities? What are the practical challenges in effectively enforcing remedies beyond a national territory?

Partial solutions and answers have been developed over the years. Some governments and many competition authorities are now signatories to international co-operation agreements in competition enforcement (bilateral, multilateral or regional) to help overcome some of these.

In December 2017, the OECD held a roundtable discussion to debate the challenges related to the imposition of extraterritorial remedies, in the light of recent cases, and discuss how agencies approach enforcement in cross-border cases.

This page contains all related materials and papers.

Access the full list of Competition Policy Roundtables.

DECEMBER 2017 SESSION INFORMATION

KEY DOCUMENTS

OECD Issues Paper • Note de réflexion de l'OCDE

Summaries of all contributions

Executive summary with key findings • Synthèse des points clés de la discussion

Detailed summary of the discussion • Compte rendu detaillé de la discussion

INVITED EXPERTS

Doug Ginsburg [Bio]
Judge and Professor of Law
George Mason University, United States @georgemasonlaw