This chapter examines the doctrine of extraterritoriality in antitrust policy and the difficult issues it has triggered over the years. Reference has already been made more than once during the course of the discussion in the previous chapter to the fact that antitrust enforcement by several antitrust authorities around the world has become extraterritorial over the years. In light of this, it should not be difficult to see that an examination of such an activity is of extreme importance in the internationalisation of antitrust policy. The chapter is structured as follows. The first part considers the question of jurisdiction under public international law. The second part evaluates some fundamental issues underlying extraterritoriality. It advocates the view that the difficulties with extraterritoriality reside not only in the conflicts it has caused between countries, but also in the search for a compelling definition of it. The third part gives an account of developments in the USA and the EC in the area. The fourth part deals with the responses of countries which have been generated by reliance on extraterritoriality by other countries. The fifth part provides some reflections on extraterritoriality. It examines, inter alia, the role of the judiciary in asserting extraterritorial jurisdiction in antitrust policy. The sixth part examines and offers some proposals on how to avoid or minimise conflicts triggered by extraterritoriality. Finally, the seventh part concludes.
It is apparent from the previous chapter that a fundamental attribute of sovereignty resides in the fact that an individual country is competent to enact laws that are binding upon persons as well as regulating conditions