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The Unilateral Strategy

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Chapter Summary

The main preoccupation of national competition authorities is to safeguard the competitive structure of their domestic markets from any possible distortions, included those brought about by the restrictive business practices carried out abroad. This chapter examines and critically reviews the unilateral strategy. It introduces readers to the concept of extraterritoriality. The chapter then analyses the different grounds of extraterritoriality developed under public international law. It also examines the inbound and the outbound extraterritorial application of competition law under the unilateral strategy. Further, the chapter deals with extraterritorial application of US and EC (European Community) competition laws. It examines the issues of extraterritorial application of US and EC competition laws to merger cases. Finally, the chapter explains why the unilateral strategy is unsuitable to effectively address global competition problems.

Keywords: EC competition law; extraterritoriality; international law; unilateral strategy; US competition law



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