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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Main Author: Hüseyin Çağrı Çorlu
Format: Article
Language:English
Published: Ankara University 2021-12-01
Series:Ankara Avrupa Çalışmaları Dergisi
Subjects:
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.
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publisher Ankara University
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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