EXTRATERRITORIAL APPLICATION OF US-ANTITRUST LAW ON GLOBAL CARTELS FROM COMPARATIVE (EU LAW) PERSPECTIVE

Rastislav Funta

Abstract


The (extraterritorial) application of US antitrust laws can have, for the concerned European companies, serious consequences. This applies to the prosecution of antitrust violations as criminal offenses, resulting to the imposition of prison sentences against competitors responsible for antitrust infringing (including foreigners), on the other hand the specificities of bringing civil claims for damages before US courts, including procedural aspects. This article provides a summary of the extraterritorial application of US antitrust law, with emphasis to the jurisdiction of US courts. A question whether the European Commission has jurisdiction over conduct that occurs outside the EU and the differing approaches of the US and the EU of how to regulate foreign anticompetitive activity will be examined.


Keywords


antitrust, cartels, Clayton Act, EU, Sherman Act, TFEU, USA

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