Chapter 2 The merger regulation and international law
Restricted access

The territorial scope of EU law is of particular relevance in the field of merger control, given that industrial concentration between firms based outside of Europe will in many instances have a direct or indirect impact on competition in European markets. For that reason, the jurisdiction of the EU Merger Regulation is determined according to criteria which take no account of the location of the merging firms - the focus is on the actual activities of the undertakings. As this chapter will explain, the European Courts have by now confirmed that this assertion of jurisdiction is compatible with the principles of public international law, after they had long avoided any clear pronounements in that regard. Yet, the legal basis and limits of extraterritorial application of EU competition rules are still not yet fully settled.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with you Elgar account
Monograph Book