EXTRATERRITORIAL APPLICATION OF EU COMPETITION LAW: THE NEW STANDARDBEARER OF LEGAL IMPERIALISM?
The effects doctrine has been a major instrument in dealing with foreign conduct having repercussions on the competitiveness of national markets. The aggressive implementation of the doctrine by US courts in competition law cases has caused clamor in international community. In EU law, on the other...
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| Language: | English |
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Ankara University
2021-12-01
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| Series: | Ankara Avrupa Çalışmaları Dergisi |
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| Online Access: | https://dergipark.org.tr/en/download/article-file/2163408 |
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| author | Hüseyin Çağrı Çorlu |
| author_facet | Hüseyin Çağrı Çorlu |
| author_sort | Hüseyin Çağrı Çorlu |
| collection | DOAJ |
| description | The effects doctrine has been a major instrument in dealing with foreign conduct having repercussions on the competitiveness of national markets. The aggressive implementation of the doctrine by US courts in competition law cases has caused clamor in international community. In EU law, on the other hand, the effects doctrine had long been ignored by the CJEU, which exercised its jurisdiction on the basis of territoriality principle. In Intel, the CJEU finally endorsed the effects doctrine. This paper questioned the CJEU’s designation of the effects doctrine as a means toestablish territorial jurisdiction over extraterritorial conduct. This paper concluded that the CJEU’s approach to extraterritoriality would result in an overarching application of EU competition rules over foreign conduct. |
| format | Article |
| id | doaj-art-35dfa0c45fa9422bb552b8084851f16a |
| institution | DOAJ |
| issn | 1303-2518 |
| language | English |
| publishDate | 2021-12-01 |
| publisher | Ankara University |
| record_format | Article |
| series | Ankara Avrupa Çalışmaları Dergisi |
| spelling | doaj-art-35dfa0c45fa9422bb552b8084851f16a2025-08-20T03:18:41ZengAnkara UniversityAnkara Avrupa Çalışmaları Dergisi1303-25182021-12-0120241144610.32450/aacd.105005745EXTRATERRITORIAL APPLICATION OF EU COMPETITION LAW: THE NEW STANDARDBEARER OF LEGAL IMPERIALISM?Hüseyin Çağrı Çorlu0https://orcid.org/0000-0002-8205-9596NECMETTIN ERBAKAN UNIVERSITY, FACULTY OF LAWThe effects doctrine has been a major instrument in dealing with foreign conduct having repercussions on the competitiveness of national markets. The aggressive implementation of the doctrine by US courts in competition law cases has caused clamor in international community. In EU law, on the other hand, the effects doctrine had long been ignored by the CJEU, which exercised its jurisdiction on the basis of territoriality principle. In Intel, the CJEU finally endorsed the effects doctrine. This paper questioned the CJEU’s designation of the effects doctrine as a means toestablish territorial jurisdiction over extraterritorial conduct. This paper concluded that the CJEU’s approach to extraterritoriality would result in an overarching application of EU competition rules over foreign conduct.https://dergipark.org.tr/en/download/article-file/2163408sınır-aşırılıkrekabet hukukuinteletki doktrinibirleşen kartelleriyargı yetkisiextraterritorialitycompetition lawinteleffects doctrinecomponent cartelsjurisdiction. |
| spellingShingle | Hüseyin Çağrı Çorlu EXTRATERRITORIAL APPLICATION OF EU COMPETITION LAW: THE NEW STANDARDBEARER OF LEGAL IMPERIALISM? Ankara Avrupa Çalışmaları Dergisi sınır-aşırılık rekabet hukuku intel etki doktrini birleşen kartelleri yargı yetkisi extraterritoriality competition law intel effects doctrine component cartels jurisdiction. |
| title | EXTRATERRITORIAL APPLICATION OF EU COMPETITION LAW: THE NEW STANDARDBEARER OF LEGAL IMPERIALISM? |
| title_full | EXTRATERRITORIAL APPLICATION OF EU COMPETITION LAW: THE NEW STANDARDBEARER OF LEGAL IMPERIALISM? |
| title_fullStr | EXTRATERRITORIAL APPLICATION OF EU COMPETITION LAW: THE NEW STANDARDBEARER OF LEGAL IMPERIALISM? |
| title_full_unstemmed | EXTRATERRITORIAL APPLICATION OF EU COMPETITION LAW: THE NEW STANDARDBEARER OF LEGAL IMPERIALISM? |
| title_short | EXTRATERRITORIAL APPLICATION OF EU COMPETITION LAW: THE NEW STANDARDBEARER OF LEGAL IMPERIALISM? |
| title_sort | extraterritorial application of eu competition law the new standardbearer of legal imperialism |
| topic | sınır-aşırılık rekabet hukuku intel etki doktrini birleşen kartelleri yargı yetkisi extraterritoriality competition law intel effects doctrine component cartels jurisdiction. |
| url | https://dergipark.org.tr/en/download/article-file/2163408 |
| work_keys_str_mv | AT huseyincagrıcorlu extraterritorialapplicationofeucompetitionlawthenewstandardbeareroflegalimperialism |