Competition Law and Extra-territorial Enforcement: Offense or Defense?

Abstract

Extra-territoriality can mean many things to many people. Most frequently the term has been used to characterize an aggressive application of antitrust laws, and the United States is often cited as the most vigorous practitioner. The author hopes to establish in this paper that extra-territoriality is essentially defensive and domestic in nature and then discuss other possible solutions to the problems that it seeks to solve.