Developing Country Experience with Extraterritoriality in Competition Law, Report of the United Nations Conference on Trade and Development

UNCTAD/DITC/CPLP/2021/3

20 Pages Posted: 20 Dec 2021

See all articles by Marek Martyniszyn

Marek Martyniszyn

Queen's University Belfast - School of Law

Date Written: December 2021

Abstract

This Report, conducted within the framework of the United Nations Conference on Trade and Development, addresses the question of extraterritoriality (extraterritorial jurisdiction) in the area of competition law from the developing countries perspecitive. It examines whether or not domestic competition legislation applies to foreign entities that may not be present in the forum, but whose conduct harms or may harm local consumers or producers. It also analyzes existing enforcement track record and hurdles involved in such cases. It relies on input from 40 developing countries and economies.

Keywords: Extraterritoriality, Extraterritorial Jurisdiction, Competition Law, Competition Policy, Antitrust, Extraterritoriality, Cartels, International Cartels, Export Cartels, Extraterritorial Jurisdiction, Developing Countries, BRICS

JEL Classification: K21, K41, L40, P16, Q48, L44, L52, K42

Suggested Citation

Martyniszyn, Marek, Developing Country Experience with Extraterritoriality in Competition Law, Report of the United Nations Conference on Trade and Development (December 2021). UNCTAD/DITC/CPLP/2021/3, Available at SSRN: https://ssrn.com/abstract=3981818

Marek Martyniszyn (Contact Author)

Queen's University Belfast - School of Law ( email )

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