Is there substantive provision under national law for the extraterritorial application of that law?

Abstract

For the national cartel authority seeking to attack a violation of antitrust laws, as for the lawyer either defending a client from allegations of participation in restrictive trade practices or seeking to attack an antitrust violation in a civil action, the first question must be whether the national law concerned is applicable to enterprises not present within the geographical territory of the State concerned, i.e., does the law of the State in question apply to enterprises situated beyond its geographical boundaries? National legal provisions vary widely in this respect, and it is also frequently necessary to look beyond the mere wording of the provision and to examine that State’s attitude towards the assumption of extraterritorial jurisdiction generally in seeking an answer. Thus, for instance, although the new U.K. Competition Act of 1980 has potential extraterritorial application on its face, recent OFT practices and the consistent attitude of the U.K. Courts over many years leads one to doubt whether it will be applied so as to include such cases in practice.