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Mergers, Extra Territorial Jurisdiction and Private Causes of Action

Author: Zia AKHTAR

Type: Article : Actualités

ref: 1201897-112

N0: 1 de 2018

Pages: 97-112

Competition law is moulded to assure the process of business in terms of consumer welfare and the efficiency of the market. Accordingly, in achieving a perfectly competitive market, firms are required to properly compete with concentrations on price, quality, and innovation of products and services. In the European Union (EU), there has been an attempt to establish a competition law framework with private law remedies and a compatibility exists between the EU and United States (US) anti trust law approaches. The study of market based competition frameworks balance the effects and implementation doctrines and in terms of application have to meet the extra territorial demand in global context. Their objectives are framed within the liberalised and privatised jurisdictions and they exist in dominant positions in the market, but as the judgment in Case C-413/14 P Intel Corporation Inc. v Commission (2017) shows that dominant position does not by their very nature lead to a determination that there has been restriction of competition. The approaches inherent in the EU and US are not shared in ideologically motivated regimes such as China but the trend is to move from a command economy. This paper offers a comparative approach in dealing with the private remedies available that underpin the extra territorial regime and how the dominant position can be interpreted in different jurisdictions.